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Austin Bankruptcy - About Foreclosure

Is your Austin Home being foreclosed on? Bankruptcy can Stop Foreclosure.

If your Austin home posted for foreclosure contact Austin Bankruptcy Attorney R.J.Atkinson to see what your options are to stop the foreclosure and save your home. We can provide you a free bankruptcy evaluation and a free bankruptcy means test to determine your eligibility for bankruptcy.

When you fall behind on your mortgage payments, property taxes, or homeowner’s association dues, then the mortgage company, taxing authority, or homeowner’s association can take steps to collect the debt. The most powerful tool to collect such debts is a foreclosure proceeding.

A foreclosure proceeding is a legal process by which a secured lender, be it a bank, financial institution, mortgage company, secured lender , taxing authority, or homeowner’s association can terminate your legal rights or other interest in your home or other real property. The secured party then sells the property at a public auction which happens on the first Tuesday of the month in Austin and is the same throughout the State of Texas. The foreclosure sale in Austin takes place on the Travis County Courthouse steps, and if you live in Georgetown, Round Rock, San Marcos, or in Williamson County, Blanco, Burleson, Burnet, Caldwell, Gillespie, Washington, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, or Hays County, the foreclosure sale happens on the first Tuesday of the month on the steps of that County’s courthouse.

In a foreclosure proceeding, the homeowner has no control over the auction or sale proceeding. More often than not, the homeowner stands to loose their equity and more if the property goes to foreclosure and sells at the auction. Even when there is no equity in the property, a foreclosure sale is rarely in the best interests of the homeowner because if the property sells for less than what you owe (and it usually does), then there is a mortgage deficit which you will still be on the hook for.

If you don’t have the money to bring the loan current but you want to keep the property, you may still have options. The first option should be to contact the mortgage company to explore any programs they might be offering, such as a workout or forbearance agreement. Assuming you have already missed several mortgage payments (which is why you are in foreclosure) and you can’t afford any of the options the mortgage company is offering, if any, then filing for bankruptcy may be the best option to stop the foreclosure.

Every month, many people in Texas, stop the foreclosure sale and save their homes by filing bankruptcy. Filing a Chapter 13 Bankruptcy allows a homeowner to catch up their missed mortgage payments over 3 to 5 years depending on their situation. If you file for Chapter 13 Bankruptcy to stop foreclosure, your property doesn’t necessarily need to have any equity in it. However if it does have equity, you won’t loose it.

Many people in Texas are reluctant to file a bankruptcy because of the stigma that the media and culture have associated with it. Filing for Bankruptcy is not a criminal act and should be considered a business decision and not a moral or fashionable one. Many famous individuals have filed for bankruptcy to save their property, reorganize and get a fresh financial start. So if are facing foreclosure and the prospect of loosing your home, you can stop the foreclosure by filing for bankruptcy. Chapter 13 Bankruptcy debt adjustment was designed to help people facing foreclosure and may be an option for you if you are in foreclosure.

If the means test determines you are eligible to file, and you haven’t recently filed a previous case, Chapter 13 Bankruptcy will definitely Stop the Foreclosure, and allow you to repay your past due payments over 3 to 5 years. That being said, Chapter 13 Bankruptcy isn’t the only way to deal with foreclosure, but it is certainly an option that is based on your disposable income, and not what the lender demands you to afford.

When your home is up for foreclosure, you probably want to know your legal options on how to stop foreclosure and keep your home. Contact the Austin Bankruptcy Lawyers at The Law Offices Of R.J.Atkinson for a free foreclosure evaluation. We can help you to determine if Chapter 13 bankruptcy is an option for you to stop the foreclosure. If Chapter 13 Bankruptcy is not for you, we may be able to provide assistance in negotiating with your mortgage company, taxing authority, or homeowner’s association so that you can save your home. We may also be able to assist if your home is being wrongfully foreclosed. If the mortgage company didn’t follow the foreclosure process correctly, you may be able to file a wrongful foreclosure action. Once a foreclosure proceeding begins, the mortgage company is required to provide you proper notice of the sale as well as give you an opportunity to dispute the debt. In some cases the procedures for foreclosure are not followed correctly and can provide a basis for stopping the foreclosure sale.

If choose to allow your home to sell at the foreclosure sale, and the foreclosure sale brings more for your home than the mortgage balance, taxes, liens, and any other foreclosure costs (which almost never happens), you will be entitled to those proceeds. More often than not, the property sells for much less at the foreclosure sale and the sale doesn’t bring enough to pay any outstanding mortgage balance, taxes, costs, and liens that may be on the property. If that happens, there will be a mortgage deficiency, and you will be responsible for paying that deficiency, even though you won’t own the house anymore. You may be able to file for Chapter 7 Bankruptcy to eliminate the mortgage deficiency.

Foreclosure is a serious matter. If you’re like most people in Texas, your home is your biggest investment. So when you are facing a foreclosure and the prospect of loosing your home, you risk loosing your biggest investment. Don’t wait until the day before the foreclosure sale to do something. If you have questions about bankruptcy and foreclosure in Texas, contact us. Don’t let your home be sold.

If you live in Austin, Round Rock, Georgetown, San Marcos, Bastrop, Del Valle, Leander, Manchaca, Manor, Mc Neil, Pflugerville, Spicewood or anywhere in Travis County, Williamson, Hays, Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, or Washington Counties, contact the Austin Bankruptcy Attorneys at The Law Offices Of R.J.Atkinson for a free initial consultation to see how we can help you with your foreclosure. Our Austin Bankruptcy Lawyers welcome the opportunity to discuss your legal options on how to stop foreclosure and save your house.

Stop Foreclosure and Save Your Austin Home…

Contact Austin Bankruptcy Attorney R.J.Atkinson at: 512-617-2899

Please read: Certification | Disclaimer | TexasLegalWeb | State Bar of Texas | Resource LinksLast Updated February 9, 2023
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Filing Bankruptcy can sometimes be the fastest way to get out of debt and may be the most affordable way to get a fresh financial start. Chapter 7 Bankruptcy can quickly wipe out your debts, increase your credit score, stop wage garnishments, get rid of credit card debt, eliminate medical bills, stop payday loans, stop bill collectors, erase negative credit reporting, and reestablish new credit after bankruptcy. RJ Atkinson — Austin Bankruptcy Lawyer have payment plans to make filing Chapter 7 or Chapter 13 Bankruptcy affordable which include low cost flat fees for Chapter 7 that may be considered the cheapest bankruptcy attorney fees compared to fees other bankruptcy lawyer charge. Chapter 13 Bankruptcy can save your home from foreclosure, save your car from repossession, lower monthly payments, reduce interest rates, get rid of late fees, reduce credit card interest, payoff high credit card debt, raise your credit score, stop creditor harassment, get rid of debt, reduce debt, eliminate creditor calls at work, stop collection calls, start over financially, discharge debts and/or be debt free in 3 to 5 years. IRS tax problems, tax levies, wage garnishments, back taxes, payroll taxes, income taxes can often be handled in Chapter 13 bankruptcy. Divorce/Bankruptcy – past due child support arrears, alimony, spousal support, and divorce debt can often be handled in chapter 13 bankruptcy. The Law Offices of RJ Atkinson handles debt consolidation, loan modifications, credit card debt settlement, debt negotiation, lawsuit defense, IRS problems, credit card lawsuits, TROs temporary restraining orders to foreclosure, forbearance agreements to foreclosure, FDCPA Fair Debt Collection Practices Act lawsuits, FCRA Fair Credit Reporting Act lawsuits, credit report disputes, debt collection lawsuits, adversary complaints in bankruptcy, bankruptcies, foreclosure workouts, mortgage short sales, real estate property tax disputes, civil litigation, commercial litigation, tax lawsuits, small business bankruptcy, corporate bankruptcy, business creditor representation, and most every kind of debt related issue or financially based legal problem on a case by case basis.

Austin Bankruptcy Attorney at RJ Atkinson handle Personal Bankruptcy and Business Bankruptcy cases in and around Austin TX Travis County, as well as the Counties of Williamson, Bastrop, and Hays. If you live in Austin and would like to file for Bankruptcy, the Austin Bankruptcy Lawyer at RJ Atkinson represent people and businesses in Bankruptcy proceedings throughout the Austin area. We accept bankruptcy cases in Austin Texas, Georgetown Texas, Round Rock Texas, San Marcos Texas, or in the Cities of Barton Creek, Bartlett, Bastrop, Bear Creek, Bee Cave, Blanco, Briarcliff, Buda, Cedar Park, Creedmoor, Coupland, Dripping Springs, Elgin, Florence, Garfield, Georgetown, Granger, Hutto, Hudson Bend, Jollyville, Jonestown, Jarrell, Johnson City, Kyle, Lago Vista, Lakeway, Leander, Liberty Hill, Lost Creek, Luling, Manchaca, Manor, Mountain City, Norman’s Crossing, Onion Creek, Pflugerville, Point Venture, Rollingwood, San Leanna, Shady hollow, Smithville, Sunset Valley, Taylor, Thorndale, Thrall, The Hills, Volente, Waterloo, Weir, Webberville, Wells Branch, West Lake Hills, Wimberley, Windmere, Woodcreek, or most anywhere in the Austin area.
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