Bankruptcy and Real Estate

Can I Keep My Home?

When people are facing severe financial hardship, it is often the preservation of the family home that becomes the top priority. These can be among the most stressful times that families will encounter, and the advice of an experienced attorney can help to ensure that key issues are considered and that critical decisions are fully thought through.

I am Alabama bankruptcy lawyer Brent W. Davis, and I understand the need for sound asset protection strategies in the face of financial uncertainty. Whether you have just missed your first mortgage payment or you have been notified by the bank that it intends to initiate foreclosure proceedings, the time has come to take action.

Honest Counsel for Honest Debt Solutions

There are a number of options available that can help you save your home. Every situation is unique, however, and no single solution will fit every situation. When you hire me as your attorney, I will conduct a complete review of your circumstances and develop a customized solution designed specifically to accommodate your needs.

I offer a variety of real estate-related services for people facing financial difficulty, including the following:

• Foreclosure defense: In a Chapter 13 bankruptcy, foreclosure actions will be stopped and you can catch up on any arrearages as part of your repayment plan provided that you are able to keep up with the mortgage payments going forward.
• Stripping second mortgages and other liens: If the value of your home is less than the amount you owe on the primary mortgage, any liens or second mortgages can be declared unsecured debt and eliminated in a Chapter 13 bankruptcy.
• Mortgage and loan modifications: If the current terms of your loan make it impossible for you to keep up with the payments, I can help you seek a modification that provides terms and payment amounts that are more manageable.
• Reaffirmation agreements: If you have property that you wish to keep after bankruptcy, you can sign a reaffirmation agreement that defines new terms and payment schedules.
• Repossessions: Filing for bankruptcy under any chapter will halt all repossession actions. It can give you the opportunity to get caught up on back payments and take any necessary steps to build a plan for keeping the property.
• Short sales: Short sales allow people who are facing foreclosure to sell their homes for less than the balance of the mortgage when the property is “underwater.” These arrangements require prior approval from the lender.

Discuss Your Real Estate Questions With an Attorney

It is easy to become overwhelmed with real estate and other property issues when you are struggling financially. Take advantage of the opportunity to visit my Birmingham office and learn more about your available options. I offer a free, in-person consultation to all new clients. My regular business hours are 7:00 a.m. to 9 p.m., Monday through Friday.  I have weekend hours by appointment.  Free parking is available. You can reach me by phone at (205) 989-1919 . You can also contact me via e-mail.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.