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Capitol Heights, Maryland Foreclosure Defense Lawyer

Knowledgeable Foreclosure Defense Attorney Representing Clients in Capitol Heights

If you are facing financial insecurity, you might have some very real concerns about the impending threat of foreclosure on your home. For many people, catching up on mortgage arrears in a short timeframe might not be feasible. Fortunately, you have options. A Capitol Heights, MD foreclosure defense attorney can explore your options to protect your home through a petition for bankruptcy.

At The Law Office of Donald L. Bell, we have helped numerous clients going through difficult financial issues. As a solo practitioner, Attorney Donald Bell will handle your case with a strategy that suits your situation, prioritizing your needs and factoring in your long-term goals.

Filing for Bankruptcy as a Homeowner in Maryland

Homeowners facing foreclosure in Maryland often find themselves overwhelmed by missed mortgage payments, mounting late fees, and the threat of losing the home they have built memories in. Filing for bankruptcy can provide a structured path to halt foreclosure proceedings and reorganize your debts. By filing for Chapter 13 bankruptcy, you propose a repayment plan that covers past-due mortgage amounts over three to five years, while keeping up with ongoing mortgage payments. This option can help you catch up on arrearages without selling your home or walking away from your equity.

When you file, the bankruptcy court will review your income, expenses, and overall debt load. You must demonstrate that you have enough disposable income to make regular plan payments. In Maryland, the court also considers state exemptions that may protect some of your home equity from creditors. By engaging in this process, you gain breathing room to stabilize your finances and continue living in your home.

Does an Automatic Stay Stop Foreclosure Actions?

One of the most powerful protections in bankruptcy is the automatic stay, which immediately halts most collection activities—including foreclosure actions—against you. From the moment your bankruptcy petition is filed, your mortgage lender must pause any scheduled foreclosure sale, suspend phone calls demanding payment, and stop filing new lawsuits to collect on the debt.

Keep in mind, however, that a lender can ask the bankruptcy court for relief from the stay if it believes you lack sufficient equity in the property or are not making post-petition mortgage payments. If that happens, the court may lift the stay and allow the foreclosure to proceed. That is why it is crucial to work closely with your attorney to ensure all required payments under your Chapter 13 plan are made on time and that your repayment proposal satisfies the lender's arrearage claim.

Steps in Filing for Chapter 13 Bankruptcy

Before you file, it helps to understand the general process for pursuing Chapter 13 relief in Maryland. Our firm can guide you through the process step-by-step, personally assisting with:

  • Gather documentation, including recent mortgage statements, pay stubs, tax returns, and a list of monthly expenses
  • Complete mandatory credit counseling with an approved agency within 180 days before filing
  • Prepare and file your Chapter 13 petition, schedules, and a proposed repayment plan in federal bankruptcy court
  • Attend the meeting of creditors (called a "341 hearing"), where the trustee and any creditor may ask questions under oath
  • Begin making monthly plan payments to the Chapter 13 trustee, covering mortgage arrears and other priority debts
  • Comply with all plan requirements for three to five years until your court-approved payments are complete

After your plan is confirmed by the court, you will make payments according to its terms. Once you have paid all plan obligations, the court discharges remaining unsecured debts, though you must remain current on your mortgage to keep your home.

Contact a Capitol Heights, MD Foreclosure Defense Attorney

At The Law Office of Donald L. Bell, we understand the fear and uncertainty that come with the threat of losing your home. When you choose our firm, we will listen to your concerns and help you take the next steps in a timely manner. Call 301-614-0535 or contact our Capitol Heights, MD foreclosure defense attorney today. We offer free consultations in consumer cases.

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