• Chapter 7 is liquidation bankruptcy. It discharges most unsecured debts like credit cards and medical bills.
• Chapter 13 is a reorganization plan where you repay debts over 3 to 5 years while keeping your assets.
  Eligibility depends on income, assets, and your financial goals.

No. Bankruptcy laws provide exemptions that protect your home, car, retirement accounts, and other essential assets. Most Chapter 7 filers keep all their property.

Yes. Filing for bankruptcy immediately triggers an automatic stay, which stops foreclosure, repossession, wage garnishments, and collection calls while your case is active.

Bankruptcy can stay on your credit report for 7–10 years, but many clients see credit improvement within 12–24 months after discharge, especially if they take steps to rebuild credit.

Yes, but there are waiting periods between filings. For example, if you previously filed Chapter 7, you may need to wait 8 years to file again under the same chapter.

Technically no—but bankruptcy is complex. An experienced attorney ensures you file under the right chapter, maximize asset protection, and avoid costly mistakes or denial.

Some debts usually cannot be wiped out, including:

• Student loans (unless undue hardship is proven)
• Recent tax debts
• Child support and alimony
• Court fines or restitution

The Means Test determines if you qualify for Chapter 7 based on your income, expenses, and household size. If you don’t qualify, Chapter 13 may still be available.

It depends. If debts are joint, both credit profiles may be affected. If you file individually and your spouse is not legally responsible for the debts, they may not be impacted.

The main options include:

• Loan Modification – Changes the terms of your mortgage to make payments more affordable.
• Forbearance Agreement – Temporarily reduces or suspends payments.
• Repayment Plan – Allows you to catch up on missed payments gradually.
• Short Sale – You sell your home for less than what is owed with lender approval.
• Deed-in-Lieu of Foreclosure – You voluntarily transfer ownership to the lender to avoid foreclosure.

Eligibility depends on the lender’s criteria, but generally, you must demonstrate:

• A financial hardship (e.g., job loss, illness, divorce)
• The ability to make reduced payments under a new plan
• Willingness to cooperate and provide all required documentation

Not automatically. However, submitting a complete loss mitigation application before certain deadlines (e.g., 37 days before a scheduled sale) may temporarily halt foreclosure activity while your application is under review.

Typically, you’ll need:

• Income documentation (pay stubs, benefits)
• Tax returns and bank statements
• A hardship letter

A completed application form from your lender

Yes, especially if your financial situation changes. Some borrowers are approved for multiple loss mitigation options over time.

It can, but the impact is usually less damaging than foreclosure. For example, a loan modification may show as “modified under a plan,” which is not as harmful as missed payments or foreclosure.

You have a right to appeal within a specific timeframe (often 14–30 days). An experienced attorney can help challenge denials, escalate your case, or explore alternative options like litigation or bankruptcy.

Yes. Federal mortgage servicing laws require servicers to accept and evaluate loss mitigation applications submitted more than 37 days before a foreclosure sale. After that, options may be limited.

An attorney can:

• Ensure your application is complete and properly submitted
• Communicate and negotiate with your lender
• Hold the lender accountable for legal compliance
• Stop wrongful foreclosures
• Represent you in court or mediation if necessary

You should consider litigation if:

• You’re facing wrongful foreclosure
• The lender refused to honor a modification
• There are errors in your loan servicing
• You were misled during loan origination
• The lender violated state or federal mortgage laws (e.g., RESPA, TILA, FDCPA)

Common claims include:

• Breach of contract
• Fraud or misrepresentation
• Violation of consumer protection laws
• Dual-tracking (modification review & foreclosure at the same time)
• Failure to properly apply payments

Violations of RESPA, TILA, or state foreclosure statutes

Yes. Filing a lawsuit can result in a temporary restraining order (TRO) or injunction to halt foreclosure proceedings while the court reviews your claims.

Absolutely. Mortgage litigation is complex and involves procedural rules and evidentiary standards. An experienced foreclosure defense attorney can file strong claims, represent you in court, and negotiate favorable outcomes.

Possible outcomes include:

• Stopping foreclosure
• Loan modification or reinstatement
• Monetary compensation for damages
• Correcting credit reporting errors
• In some cases, rescission of the mortgage if fraud is proven

Litigation timelines vary, but cases may take several months to a few years depending on the complexity, court schedule, and whether the case settles early.

Costs vary based on the case and fee structure. Some attorneys offer flat fees, payment plans, or contingency arrangements depending on the strength of your claims and desired outcomes.

Foreclosure defense focuses on responding to the foreclosure action. Mortgage litigation is proactive—you sue the lender for legal violations. The two can work together to strengthen your position and preserve your home.

You should collect:

• Your mortgage note and deed of trust
• Payment history and correspondence with the lender
• Loan modification applications and denials
• Foreclosure notices or default letters
• Any proof of errors, misrepresentations, or legal violations