A foreclosure case can put your home and financial stability at risk, especially when missed mortgage payments start to accumulate. A Fort Lauderdale foreclosure defense lawyer can review the foreclosure timeline, your finances, and available bankruptcy options. Our professional bankruptcy attorneys can also explain which deadlines require immediate attention.
At Werner, Hoffman, Greig & Garcia, we help you evaluate whether Chapter 7 or Chapter 13 bankruptcy is appropriate for what you are trying to accomplish. We can coordinate your bankruptcy strategy with an active foreclosure case, helping you make informed decisions about protecting your property.
Filing bankruptcy generally creates an automatic stay that stops a pending foreclosure while the stay remains in effect. A mortgage lender may ask the bankruptcy court for relief from the stay, so filing does not guarantee that the foreclosure will remain paused. You should be cognizant of the timing because a bankruptcy may not undo a foreclosure sale completed before the filing.
Our attorneys can review the status of your foreclosure case in Fort Lauderdale and determine how bankruptcy protections apply before the case progresses toward a sale. We can also respond if a lender asks the bankruptcy court for permission to proceed. A foreclosure complaint or sale notice can signal an urgent deadline, making it important to promptly review the available options.
If you have fallen behind on mortgage payments, your attorney may incorporate Chapter 13 into a foreclosure defense strategy when the circumstances support it. Chapter 13 allows qualifying homeowners to address mortgage arrears through a repayment plan rather than paying the entire overdue amount at once. Under 11 U.S.C. § 1322, a Chapter 13 plan may provide you time to cure certain mortgage defaults while you continue your required payments. Before proposing a plan, we review your:
This review helps us determine whether the required payments are manageable and whether this provides a practical way to address the mortgage default while allowing you to keep your home.
Florida law offers strong homestead protections and Florida Constitution, Article X § 4 generally protects qualifying homestead property from forced sale by many creditors. However, the provision includes exceptions for certain obligations associated with purchasing, improving, or repairing the property. A mortgage used to purchase your home therefore requires separate analysis.
Florida law and federal bankruptcy rules can provide different protections. When developing a foreclosure defense, our lawyers review the protections available to Fort Lauderdale homeowners, including exemptions that may apply before filing for bankruptcy. The state also limits the federal bankruptcy exemptions available to residents under Florida Statutes § 222.20, making exemption planning an important part of the filing process.
Chapter 7 can trigger an automatic stay, which may temporarily pause a foreclosure. It generally does not provide the same mechanism as Chapter 13 for curing mortgage arrears over time. Your goals, equity, and ability to make payments affect which chapter may fit your situation.
You should seek legal guidance as early as possible after receiving a default notice, foreclosure complaint, or sale notice. More time can allow your foreclosure attorney an opportunity to evaluate bankruptcy and non-bankruptcy defense options in Fort Lauderdale.
Foreclosure deadlines can move quickly, but bankruptcy may provide a legal framework for protecting your home and addressing overdue obligations. A Fort Lauderdale foreclosure defense lawyer can assess the foreclosure status, explain your bankruptcy choices, and help you determine a viable strategy.
You can meet with our team for a free initial consultation about your bankruptcy matter. Schedule a consultation with Werner, Hoffman, Greig & Garcia to discuss your foreclosure and learn how we can help you pursue a practical path forward.
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