Can Bankruptcy Prevent Foreclosure in Texas?

October 23, 2024

Can Bankruptcy Prevent Foreclosure in Texas?

Facing foreclosure can be a stressful and overwhelming experience for any homeowner. However, filing for bankruptcy may offer a solution to prevent or delay foreclosure. In Texas, bankruptcy can provide an opportunity to catch up on missed mortgage payments or create a structured plan to protect your home. At The Pope Law Firm, we assist the Houston public with foreclosure matters, helping homeowners explore their options when foreclosure threatens their property.



How Bankruptcy Can Prevent Foreclosure


There are two types of bankruptcy that can help prevent foreclosure: Chapter 7 and Chapter 13.


Chapter 7 Bankruptcy: Automatic Stay


When you file for Chapter 7 bankruptcy, an automatic stay goes into effect. This legal protection halts all foreclosure proceedings, temporarily preventing your lender from moving forward with the foreclosure process. While Chapter 7 may not permanently stop foreclosure, it gives you time to explore other options, such as selling the property or negotiating with your lender.

However, if you are behind on mortgage payments, Chapter 7 may not allow you to catch up, as it focuses on discharging unsecured debts rather than restructuring secured debts like mortgages.


Chapter 13 Bankruptcy: Repayment Plan


Chapter 13 bankruptcy is a more effective tool for preventing foreclosure in Texas. It allows you to create a repayment plan to catch up on missed mortgage payments over a 3 to 5-year period, while also addressing other debts. As long as you adhere to the court-approved plan, your lender cannot foreclose on your home.

Chapter 13 provides a structured way to prevent foreclosure and keep your home, especially if your financial troubles are temporary.


How The Pope Law Firm Can Help


At The Pope Law Firm, we understand that each homeowner’s situation is unique, and we work closely with our clients to find the best solution for their foreclosure concerns. Whether you’re considering bankruptcy or exploring other foreclosure defense strategies, we are here to guide you through the process and protect your rights.

If you’re facing foreclosure in Houston, contact The Pope Law Firm today to learn how we can help you prevent foreclosure and protect your home.

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