Can You Fight A Foreclosure After Filing For Bankruptcy

Written May 31, 2008 by Jay Fleischman, New York Foreclosure Defense Lawyer

You can fight a foreclosure within the time period set by law (usually 20 days after you were personally served with the foreclosure Complaint, 30 days if you were served by mail or other means). Once that time has passed, you are legally in default and your time to answer has expired.

This is not, however, the end of the world. If your time to answer has expired, you will need to get the court’s permission to file and serve a late answer. Many courts will allow you to do so if you have a good defense in the case, as well as a good reason why you didn’t file an answer in a timely manner. It’s also smart to call the bank’s lawyer to get their consent, in which case you wouldn’t need to get the court’s permission at all - but if they don’t consent, letting the court know in your request will show that you’ve done your best to solve the problem on your own.

If you are served with a foreclosure and file for bankruptcy during the time to answer, then that time clock stops running while you’re in bankruptcy. So if you’re served with the Complaint and then file for bankruptcy on Day Ten, you will still have at least ten days to file an Answer once the bankruptcy ends (or if the bank gets relief from the automatic stay).

Why Should You Fight The Foreclosure?

Just like the bank, you have powerful rights. When you fight the foreclosure you can stay in your home for months - even years - longer that would otherwise be the case. Your may have the option to force the bank to reduce your interest rate, give you a forbearance, or even lower the total amount due. Learn more . . .

Alternatives To Foreclosure

There are options when you fall behind on your mortgage. Some are real, others are scams. DON'T GET SUCKERED! Take the time to understand your rights and get the facts. After all, this is your home we're talking about; it's important for you to do everything possible to save it. Click To Continue

Contact Our Lawyers To Fight Your Foreclosure!

Name:
Email:
Phone No:
Zip Code: