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"I received notice that my house is up for a foreclosure sale - is it too late to save my home?"

Posted by Jonathan Proctor | Oct 04, 2021

No, it's not too late.  You may have several viable non-bankruptcy options to save your home prior to the sale but it's been my experience that, for most people in this situation, a bankruptcy filing is the only reliable means of preventing the lender from proceeding with the sale.  The good news is that, at least for properties located in Georgia, a bankruptcy that is filed prior to the sale will automatically stop the foreclosure and allow the borrower time to repay the past due amount over an extended period of time.  

It's important to understand how foreclosures work for properties in Georgia.  Unlike vehicle repossessions, for example, you don't just wake up one morning to discover that your house is gone.  Lenders are required by law to provide ample notice.  Additionally, foreclosure sales only occur once a month, on the first Tuesday of each month.  Though a delinquent mortgage can be in "pre foreclosure" for an extended period of time, that does not means that the clock has truly started ticking.  Once a sale date has been set, we need to get to work on saving the home.

Chapter 13 filings are tailor made for these situations: the borrower suffered some significant change in circumstances that prevented them from making mortgage payments (job loss, reduction in income, divorce, extended hospital stay) but now they're in a position to maintain those payments going forward while also working down the past due amount bit by bit.  In many cases I've even seen lenders agree to loan modifications while the bankruptcy was pending to bring the loan current and, in some cases, resulting in the bankruptcy successfully ending much sooner than originally anticipated.

Let's set up a time to talk so I can help you protect your most valuable asset.

About the Author

Jonathan Proctor

I have been representing debtors in bankruptcy for over 10 years in the greater Atlanta area and have successfully handled thousands of cases.  I was previously the managing partner at a large bankruptcy firm and recently started my own firm with the goal of providing the highest level of client ...

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