Peachtree City Foreclosure Defense Attorney
Saving Homes in Fayette County, Coweta County, and throughout Northern Georgia
Unlike other states, a Georgia foreclosure can be scheduled very quickly. Your mortgage company will most likely not have to take you to court before they can sell your property. If you are behind on mortgage payments and have been notified that a foreclosure is pending, you must act immediately if you want to save your home.
If you are facing foreclosure and need swift assistance, look no further than our team at Dolhancyk Law. Our Peachtree City foreclosure defense lawyer has over 30 years of experience helping Georgians overcome financial difficulties. There is no wait to meet with our attorney, and your case will have our full, undivided attention. We will assess your circumstances and quickly determine whether bankruptcy can be used to protect your assets, including your home. Filing a bankruptcy petition will stop an imminent foreclosure and potentially give you the resources you need to get your mortgage back in good standing. We will work closely with you throughout this process and do everything we can to help you get back on your feet.
How Foreclosure Works in Georgia
Even though Georgia foreclosures can happen faster than in other states, they still cannot begin immediately after you miss a single payment. Federal law requires that lenders generally wait 120 days – or four months – before they can initiate foreclosure proceedings. This gives you plenty of time to catch up on missed payments (if you can gather the necessary financial resources) or negotiate a foreclosure avoidance solution, such as a loan modification.
If 120 days pass and you are still not current on your mortgage, your lender will likely pursue a foreclosure. Most lenders will use the nonjudicial method: This means they do not have to file a formal lawsuit in state court, so the foreclosure happens faster.
Your lender must send you a notice of their intent to foreclose and sell your home at least 30 days before the auction takes place. They must also deliver a written notice that gives you the opportunity to bring your mortgage current (plus interest and fees) within ten days of receipt. Finally, they must advertise the forthcoming sale in a local newspaper for several weeks.
Even if your home is sold at public auction, you may still be on the hook for your mortgage debt. If the final bid is less than what you owe, your lender can get a deficiency judgment against you – meaning they may be able to garnish your wages or seize your assets. You must avoid this outcome at all costs.
Immediately get in touch with our Peachtree City foreclosure defense attorney if you receive a notice of intent to foreclose. This is your last opportunity to stop the foreclosure, and you will have extremely limited options after your home is sold.
The most straightforward way to stop a foreclosure is to bring your mortgage current. Generally, your lender cannot proceed with an auction – even if it has already been scheduled – if you catch up on payments and pay all interest and fees. If you are experiencing financial difficulties, however, this strategy may not be practical.
Chapter 13 bankruptcy can potentially save your home and help you reorganize your debt, including missed mortgage payments. When you file, a court order called the automatic stay stops all collection actions, including foreclosures. Your lender will most likely not be able to sell your home until your bankruptcy case is over.
After filing for Chapter 13, you will need to propose a payment plan based on what you can currently afford. You can only file for Chapter 13 relief if you have the reliable income needed to fund your plan. This monthly payment amount will “cover” all of your debts, and you will need to pay it for three to five years.
In a Chapter 13 bankruptcy, some types of debt get “priority” over others, which tends to work to your advantage. Secured debt – including missed mortgage payments – is prioritized over unsecured debt, meaning your plan payments will go toward bringing your mortgage current before they go toward your credit card debt or medical debt.
At the end of your Chapter 13 bankruptcy, you will be able to discharge – or wipe out – any remaining unsecured debts. With your mortgage now current, your lender will not be able to proceed with a foreclosure unless you fall behind again. Fortunately, you should now have the financial flexibility you need to keep up with payments.
“He is knowledgeable, engaging, and humble.” - Upendo L.
“He walked me through everything, gave me a tissue to clean my face, and at the end of the day he got the job done flawlessly.” - Latresa
“Alex Dolhancyk and the staff are very professional, caring, and honest.” - Laura B.
At Dolhancyk Law, we also recognize that bankruptcy is not always the right choice for everyone. We are committed to helping you explore all of your foreclosure avoidance options, including strategies that do not involve filing for Chapter 13 bankruptcy.
If we determine bankruptcy is the best path forward, our Peachtree City foreclosure defense lawyer will ensure your petition is filed promptly and take steps to maximize relief. Saving your home and securing your future are our top priorities, and we will be by your side every step of the way.