How Can I Keep My Home?

Assisting clients in determining whether or not to keep their home and methods of keeping it is often a legal service the Law Offices of Robert M. Geller, P.A. provides. Behind on your mortgage payments or owe nothing on your home? You may still be able to keep it by filing either Chapter 7 or Chapter 13 bankruptcy.

For over 20 years, our Tampa Bay attorneys have filed a substantial amount of Chapter 7 and Chapter 13 bankruptcy cases. In these cases, clients did not lose their homes. Our lawyers advise individuals of their options and are available to represent their interests through the bankruptcy process.

Behind in Payments?

Many people experience unexpected events in their lives. This causes them to get behind on their mortgage payments, their real estate taxes, or their homeowner’s dues. Faced with these back obligations, people are sued for foreclosure. Chapter 13 bankruptcy is a method of catching up on these back payments over a period of as much as 60 months. Once a Chapter 13 bankruptcy is filed, the creditor is stopped from continuing the foreclosure and sale of the property. The homeowner may keep his or her home.

Want to Get Rid of a Second or Third Mortgage or Equity Line?

Many homeowners have seen a substantial decrease in the value of their home over the last few years. As a result, they may have a first mortgage in which they owe more than the home is worth. Even though they owe more on the first mortgage, they also have payments owed on a second or a third mortgage. This is frequently known as a home equity line of credit — HELOC. By filing either  a Chapter 7 or Chapter 13, people may be able to get rid of their second or third mortgage payment or home equity line and never have to repay it. Chapter 7 and  13 bankruptcy may be the only methods of eliminating second mortgage obligations (or home equity lines), including liens or encumbrances against the home, without having to repay the debt obligation.

Keeping Your Home Under Chapter 7 Bankruptcy

Under Chapter 7 bankruptcy, you are able to keep secured debts such as a house. This is if you are current with payments and the equity is covered by the Florida homestead exemption. Unfortunately, people filing under Chapter 7 bankruptcy do not have the option of including the mortgage arrears in a repayment plan, as is the case with a Chapter 13 bankruptcy filing. This means that if you are not current, it may be difficult to keep your house unless you can come up with the money to make the delinquent payments and continue paying during the bankruptcy.

Contact a Tampa Bankruptcy Attorney

To learn more about your options on your home, contact our Tampa, Florida, law firm. Call us at 813-254-5696 to schedule a free initial consultation. Attorney Robert M. Geller is a certified specialist in Consumer Bankruptcy Law by the American Board of Certification *.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

* Accredited by The Florida Bar to certify lawyers in the specialty area(s) of consumer bankruptcy law.