Huge myth about a Bankruptcies impact to a Foreclosure

This is the #1 myth that people think when they call our office at HomeBackers.

Typically when a person goes into foreclosure they will turn to people that they trust and love for help and advice. We see that the most people get misled by attorneys and other professionals trying to get them to just file bankruptcy and they think that will make their foreclosure just go away. That is false false false.

At HomeBackers we can't tell you to file bankruptcy or not file because we are not practicing attorneys, however I can tell you what happens to your foreclosure if an attorney does advise you to do so.

Here's the thing:

When a house is in foreclosure and the homeowner also files a BK there is a "STAY" granted. This means that creditors cannot go after the homeowner, bug them, call them or pursue the payment of the money. This "STAY" is granted because the BK system is working its way through and while the BK trustee is trying to figure out if there's any money to pay the creditors they don't want the creditors hounding the homeowner. So a "STAY" is granted. BUT when the property comes out of BK, either through the BK being dismissed, discharged or the "relief from stay" is granted then the banks can pick up the foreclosure process where they left off and foreclose on the homeowner damaging their credit even more.

You have to understand that even though people that have a professional in their name or even the word attorney in their name that they are a business too. They still need to make money just like everyone else does to survive and might mislead you in some ways so they can pad their wallet a little bit more. So here's what you do, if you are in a foreclosure situation and thinking about filing a bankruptcy ask your attorney these two questions.

What will happen to this foreclosure if I file Bankruptcy? Does it go away or will the lender still go through with the foreclosure after my bankruptcy gets discharged?

Hopefully you will get a straight up answer like I mentioned above or if you notice that they dodge that question a little bit; you might want to go to someone else to get some advice. I am not saying anything bad about attorneys, at HomeBackers we actually love working with knowledgeable attorneys in our line of work I just want you not to be misled in any way and understand that they are a business too.

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