Are there Alternatives to Bankruptcy that can Stop a Foreclosure?

 

Because foreclosures in Georgia can happen very quickly, homeowners with serious mortgage delinquencies often do not have time to pursue non-bankruptcy alternatives.   Non-bankruptcy remedies do exist including:

  • negotiation with your lender before the foreclosure process starts – if you have fallen behind the best time to try to work out a payment plan with your lender is before your account is turned over to a foreclosure lawyer’s office.   Many mortgage lenders have customer service representatives who are empowered to work out deals.   Many mortgage companies do not publicize the availability of informal workouts so you should not hesitate to ask
  • negotiation with your lender after the foreclosure process starts.  Georgia law now requires that a foreclosure notice must “include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor” (Code Section 44-14-162.2).  In theory, at least, a homeowner should always be able to reach a live person at the mortgage lender who can negotiate a payment plan
  • refinance of the loan – if you can refinance your loan prior to the foreclosure, you can save your home
  • judicial challenge to foreclosure – Georgia law does permit a homeowner in foreclosure to file a lawsuit in Superior Court challenging the legality of the foreclosure, and demanding a stay of the foreclosure proceeding.  Such a proceeding might be appropriate if the foreclosing party obtained its deed by fraud or forgery.  Judicial challenges to foreclosures in Georgia are rare and can be expensive
  • use of federal government foreclosure prevention programs – as discussed elsewhere on this web site, the federal government has a number of programs designed to help homeowners restructure their delinquent mortgage debts.

Chapter 13 bankruptcy remains the most certain remedy to a foreclosure.  Even if you are pursuing non-bankruptcy alternatives you should also speak to an experienced bankruptcy lawyer about the bankruptcy option should it become necessary