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Foreclosure and Loan Modification Blog

When Should You File Bankruptcy To Avoid Foreclosure?

Bankruptcy could help you delay foreclosure or avoid it entirely. So, if you're facing foreclosure, does that mean that you need to file bankruptcy? And if so, when?

There are ways to deal with your mortgage default that don't involve bankruptcy, some of which may be better. Whether or not bankruptcy is right for you depends on what other options are available to you and how close you are to losing your home.

If you've just defaulted, you probably have time to work toward a solution that doesn't involve bankruptcy. But if you've been served with foreclosure papers (in a judicial foreclosure state), have a sale date in the near future, and no other options, then bankruptcy could be right for you.

Florida Foreclosure Defense Law Firm of Mark Stopa, "Stay In My Home", Files Bankruptcy

One of Florida's biggest foreclosure defense law firms, Stay In My Home P.A., has declared bankruptcy. The roughly 4,000 clients of the firm will need to look elsewhere for legal services.

Mark Stopa, the founder of Stay In My Home, P.A. and a high-profile attorney in the field of foreclosure defense, is under criminal investigation for alleged “equity skimming”, which is a type of mortgage fraud.

Over the summer of 2018 Stopa was indefinitely suspended from practicing law for violating professional conduct rules. The Florida Department of Law Enforcement raided his offices, seized his firm's computers, and froze its accounts. With no way to make payroll “most of the attorneys and staff quit” the firm, according to an article in the Tampa Bay Times.

4 Ways to Avoid Foreclosure at the Last Second

Falling behind on your mortgage is a terrible situation to be in, but even if a foreclosure sale date is fast approaching, it doesn't necessarily mean that all is lost. You may still be able to stop foreclosure, possibly even permanently.

Depending on your situation, a loan modification, adjournment, emergency motion, or bankruptcy could help you avoid losing your home to foreclosure. Here's how each works:

1. Loan Modification

Applying for a loan modification can stop a foreclosure sale when the application for it is submitted to the mortgage servicer at least 37 days before the sale date. When a bank pursues foreclosure while a loan mod application is under review, that's called dual-tracking, a practice that is prohibited by the Consumer Financial Protection Bureau's mortgage servicing rules.

About this Blog

Amerihope Alliance Legal Services is a leading loan modification and foreclosure defense law firm with attorneys licensed in 5 states. We have helped over 7,000 homeowners fight back and keep their homes.

Click to Read Our Super Loan Mod Success Stories

Our goal is to provide valuable information to help homeowners who are trying to obtain a loan modification or to stop foreclosure. You may schedule a free consultation at any time.

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