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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17886
Experience:  B.A.; M.B.A.; J.D.
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I went through Falcon Legal Group to secure a home loan

Customer Question

I went through Falcon Legal Group to secure a home loan modification. It has been 6 months and the bank is going to auction my home on June 6th, 2016. I have already paid them $4000.00. What should I do?
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Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 7 months ago.

I am so sorry to read about this.

You need to file for Chapter 13 bankruptcy to stop the foreclosure and then use the bankruptcy forum to work out your payment. One you filed, you would give a Notice of Bankruptcy Case filing (this is Court form) to the firm conducting the foreclosure for the lender so that the foreclosure can be suspended. Chapter 13 is a wage earner's plan. This means that you must have income to fund the Chapter 13 plan. You must also meet the debt limits. Any individual, even if self-employed or operating an unincorporated business, is eligible for Chapter 13 relief as long as the individual's unsecured debts are less than $394,725 and secured debts are less than $1,184,200. These amounts are adjusted periodically to reflect changes in the consumer price index. In Chapter 13, the debtor prepares a payment plan and makes payments to his/her creditors on a 3 or 5-year plan. If the debtor's income is equal to or less than the current income guidelines for his/her family size in his state, the debtor would do a 3-year plan. However, if the debtor's income is more than the current income guidelines for his/her family size in his state, he would do a 5-year plan. His mortgage arrears and unsecured debts would be paid through the Chapter 13 plan. His future mortgage payments would be made to the lender.

The filing fee for Chapter 13 is $310.00

You can use the following sites to find local Bankruptcy Attorneys:

Nacba.org

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

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