Legal Question in Bankruptcy in Pennsylvania

My son lost his job and cannot pay his mortgage. What are his options to keep his home or declare bankruptcy?


Asked on 3/14/13, 2:44 pm

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

There are several programs to help people save their homes. He would speak with an attorney to develop a plan that works for him.

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Answered on 3/14/13, 2:46 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

Your son has 2 viable options available to him which may help him keep his home. One is a foreclosure defense in which he delays a sale of the property pending either a bankruptcy or some other event which allows him to cure the default. Most people in that circumstance attempt to modify the loan which may reduce payments and eliminate arrears. Of, course, it is far from certain, time consuming, and difficult to get.

The other is a bankruptcy itself. The filing of the bankruptcy creates what is known as an automatic stay. That prevents any creditor from taking any action whatsoever. They cannot call, write, or sue. A Chapter 13 will allow 5 years to repay the arrears. But the debtor must resume making regular monthly mortgage payments and make a plan payment to cure the arrears. If both of those aren't feasible right now, a bankruptcy would be premature and likely unsuccessful.

Feel free to have him contact me via e-mail or by phone at his convenience for a free initial consult.

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Answered on 3/15/13, 8:15 am


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