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Protecting Your House |
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| Below we have provided answers to many of the common questions that we are asked by our clients regarding protecting their house.
If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.
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How can filing bankruptcy help protect my house?
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You can protect a portion of the equity in your home by recording a Declaration of
Homestead prior to filing for Bankruptcy. You should consult with an attorney regarding the preparation and filing of a Declaration
of Homestead. If you are unable to afford an attorney, the Registry of Deeds for your county likely has a standard from Declaration
of Homestead which you can prepare yourself.
In addition, filing bankruptcy causes an automatic stay to go into effect, which immediately stops all actions against the debtor.
This includes foreclosures. Since there are numerous consequences to filing for Bankruptcy and limits to how filing will
provide protection, you should consult with an attorney for further information.
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Will filing for bankruptcy ensure that I can keep my house?
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| If you cannot afford to pay your mortgage on an ongoing basis then the mortgage company
will likely be able to obtain Relief from the Automatic Stay and foreclose anyway. Although filing for
Chapter 13 can provide you with time to pay any mortgage arrears, in order to keep your home you will have to
be able to make the ongoing payments. |
