Robert Cook

A multitude of circumstances can lead to the unfortunate foreclosure for homeowners. In some cases, it is injury that leads to unemployment. The added cost of the actual medical bills adds to the inability of the homeowner to continue earning enough income from employment. Whether it is unemployment or underemployment, the situation that causes a homeowner to become delinquent on payments can sometimes be a temporary one. If the situation is temporary and there is hope for greater employment or a resuming of past employment, our law offices could help with a chapter 13 bankruptcy to catch up mortgage arrears. Our law firm is comprised of Arlington foreclosure attorneys who are willing and eager to help.

Are you faced with a delinquent mortgage? Or are you upside down on a mortgage and would like to walk away from the mortgage? We can help you keep the home or let it go depending on your needs and your ability to resume payments. 

We can help homeowners:

·         Stop foreclosure and retain ownership of the home through a Ch. 13 repayment plan to get the mortgage caught up over a period of 3 to 5 years. Through this method, the amount of money that the mortgage is behind (the past due portion is called the mortgage arrears or mortgage arrearages,) can be caught up over time. Through 36 months or through 48 months or through 60 months the mortgage payment is supplemented by a trustee’s payment that catches the lender up on the past due portion. By doing so, the lender is forced to accept the chapter 13 case as long as payments are made. They can object due to reasons of feasibility; however, they cannot simply object because they would like to move forward with their previously designed foreclosure procedure.

·         Save valuable equity in your home by buying time to keep the home through a chapter 13 repayment plan. If you have significant equity in the home but cannot come up with the large sum of money that will be required by the mortgage company to catch up the loan, you could use a chapter 13 repayment.

·         If you have an underwater mortgage, we could assist you with a Ch. 7 bankruptcy to accomplish a strategic default. By doing so, we can buy you the necessary time to either move out of your home and save money while you are preparing to do so, and you can use the chapter 7 bankruptcy to eliminate the liability or financial responsibility of a mortgage deficiency that results from a foreclosure. Often the second mortgage company ends up suing the former homeowners for the cost of the second mortgage.