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Keeping Your House

Keeping Your House in the Face of Foreclosure

Our consumer debt attorneys in Houston provide the protection you need

If you have fallen behind on your mortgage payments, you may be in danger of foreclosure. Under the terms of your mortgage, the house is collateral for the loan, and if you default, the lender can force a sale of the property to recover what you owe. If you want to hold onto your home, there are effective legal strategies available, and the Law Office of David A. Fernandez, P.C. can help you implement them. Since 2009, we have worked almost exclusively on consumer debt issues. We have the knowledge and experience to protect your home for your future security.

How you can fight home foreclosure

A lender can initiate foreclosure proceedings when you have fallen behind on your mortgage payments and have given the impression that you’re not willing or able to catch up. Here are a few steps you can take to correct the situation before it’s too late:

  • Be realistic about your situation — Are you going through a rough patch that you can resolve in a reasonable amount of time, or are your prospects uncertain? Different circumstances require different strategies. Also ask yourself whether you really need to hold onto your home. Solutions such as a short sale can relieve you of your mortgage obligation so you can start fresh.
  • Contact your mortgage holder — Lenders interpret silence in a negative light. If you want to hold onto your home, reach out to the company that currently holds your mortgage. Be aware that this may not be your friendly local provider who gave you the loan. Mortgages can change hands many times. It may be best to have your attorney explain your circumstances to the lender and negotiate a loan workout that can satisfy both sides.
  • File for bankruptcy — If the reason you can’t meet your mortgage payments is that you have other consumer debt, you might consider Chapter 13 bankruptcy as a way to relieve your burden and keep your home.

Our attorneys are prepared to evaluate your financial situation and recommend the best strategy for you.

How Chapter 13 bankruptcy can save your home from foreclosure

If you are determined to keep your home but your lender is equally determined to foreclose, you can stop foreclosure actions by filing for bankruptcy. Any bankruptcy filing gets you an automatic stay that prohibits creditors from attempting to collect on your debts. Since foreclosure is a collection method, the lender can’t do it.

Once you’re in Chapter 13, we help you design a payment plan based on your disposable income. Your mortgage lender receives a portion of your payment from the bankruptcy trustee. After you complete your plan, the bankruptcy court discharges your remaining eligible debt. This makes it possible for you to pay your mortgage arrears aggressively and bring your payments current.

Bankruptcy is not a step to take lightly. But, with the personal attention and advice you receive from our law firm, you can be confident that the decision you make will be the right one for your future.

Contact our Houston law firm for a free phone consultation that could save your home

At the Law Office of David A. Fernandez, P.C., we’re dedicated to helping consumers get debt relief in the manner most appropriate for them. If you have questions about saving your home from foreclosure, we have the answers. To schedule an appointment with a consumer law attorney, call our firm at 713-893-8509 or contact us online.

Our Recent Lawsuits Filed Against Creditors
  • "MC vs. Conn's" - $553,000

  • "LC vs. Conn's" - $1,026,000

  • "AR vs. Conn's" - $778,500

  • "BB vs. Conn's" - $672,000

  • "GD vs. Conn's" - $636,000

Reviews
  • "David Fernandez won my case against Midland Funding. What a relief. Thanks so much" - Anthony

  • "David fought multiple of our suits and won when every other lawyer said it wasn’t possible. So thankful for his services" - Jennifer

  • "This guy is the BEST Lawyer I've ever hired. I've been in business for over 46 years and have NEVER won a lawsuit until now! Highly Recommended" - Ron

  • "Mr. Fernandez was the best! He took care of me when my own company's lawyers program did not. I will always recommend him" - Linda

  • "Mr. Fernandez goes above and beyond to help his clients. I highly recommend his law office." - Lorie A.

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  • David A. Fernandez, Attorney Of The Month

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