Stop Foreclosure in Texas without filing bankruptcy

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For most Texas homeowners filing a bankruptcy to stop foreclosure is a temporary solution. Most people that file a Chapter 13 to stop the foreclosure lose their home to foreclosure within 6 months. The main reason is that when you file the Chapter 13, in order to keep your home, you must make the full monthly mortgage payment starting immediately PLUS a percentage of all the payments that have not been paid PLUS a percentage of all debt that appears on your credit report. Simply put, most Texans can not afford the mortgage payment they could not already afford plus all added fees. Eventually the lender will “Lift the Stay” and take the home anyways.

Cons to Filing Bankruptcy

  • For most, it is a temporary fix
  • Will have to pay normal mortgage payment plus
  • Can cost thousands of dollars
  • You have to ask courts permission for everything
  • Risk of sanctions if caught filing in bad faith
  • Can damage the credit score further
  • Stops future financing of cars and other items

Pros to Filing Lawsuit

  • Possibly permanently fix
  • Usually no mortgage payment is made during lawsuit
  • Affordable monthly payments
  • You can change course without seeking permission
  • Hold your lender accountable
  • Filing a lawsuit will not further damage your credit score
  • Filing a lawsuit does not affect future borrowing