New Carrollton, MD Foreclosure Defense Lawyer

Compassionate Foreclosure Defense Attorney for Homeowners in New Carrolton

When one missed mortgage payment turns into several, a homeowner may face the threat of foreclosure from their lender. Getting current on your mortgage on a strict deadline is not always a feasible solution, especially if you are already balancing multiple other debts. If you need help maintaining home ownership, consider working with a New Carrollton foreclosure defense attorney.

At The Law Office of Donald L. Bell, we can help you seek relief from your lender. With over two decades of legal experience, Attorney Donald Bell is well-versed in helping his consumer clients handle complex financial issues. Our firm can work with you on a one-on-one basis to develop a customized bankruptcy strategy to cure your mortgage arrears.

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is a federal process that enables individuals with a steady income to reorganize their debts under the protection of the U.S. Bankruptcy Code. Unlike Chapter 7 bankruptcy, which can require liquidation of nonexempt assets, Chapter 13 focuses on rehabilitation through a court-approved repayment plan. Homeowners qualify by demonstrating regular wage-earning capacity and keeping secured and unsecured debts under statutory thresholds.

Under Chapter 13, you file a petition and submit detailed schedules of income, expenses, assets, and liabilities. The bankruptcy court evaluates this information to confirm that you can fund a repayment plan over three to five years. Once approved, the plan governs how arrearages, priority claims, and unsecured balances will be handled. By choosing Chapter 13, you gain an orderly framework for addressing past-due obligations while continuing to make mortgage payments and retaining ownership of your home.

How Chapter 13 Bankruptcy Can Stop Foreclosure Proceedings

One of the most immediate effects of a Chapter 13 filing is the invocation of the automatic stay. From the moment your petition is filed, the automatic stay puts a stop to most creditor activities, including scheduled foreclosure sales, repossessions, and wage garnishments. Your mortgage lender must suspend any pending foreclosure actions and halt all collection communication. This injunction affords you critical breathing room to stabilize your finances and work toward a comprehensive solution.

If a lender seeks relief from the automatic stay—arguing that you lack sufficient equity in the property or are not maintaining post-petition mortgage payments—the bankruptcy court will hold a hearing to weigh the evidence. With the guidance of our experienced attorney, you can respond to such motions by demonstrating compliance with your repayment plan and providing proof of ongoing mortgage payments. In many cases, proper advocacy will persuade the court to maintain the stay, thereby keeping foreclosure proceedings on hold.

Using a Repayment Plan to Get Current on Your Mortgage

After confirming your eligibility, you will have to draft a proposal that allocates your disposable income toward curing mortgage arrearages and addressing other priority debts. This is known as the repayment plan. Contributions to the plan are made to a Chapter 13 trustee, who distributes funds to your lender and other creditors in accordance with the court-approved terms.

During the three- to five-year plan period, you continue making regular mortgage payments either directly to your lender or through the trustee, depending on the plan structure. Past-due amounts are amortized into manageable installments, reducing the pressure of a lump-sum arrearage payment. If your financial situation changes substantially, you may petition the court to modify your plan, adjusting payment amounts or extending the repayment term.

By the time you complete all plan payments, you will have brought your mortgage current and eliminated eligible unsecured debts. The court then issues a discharge, and you emerge with a reinforced credit profile and the security of knowing your home is protected.

Contact a New Carrollton Foreclosure Defense Attorney Today

At The Law Office of Donald L. Bell, we recognize the urgency of foreclosure proceedings. Call 301-614-0535 or contact our New Carrollton foreclosure defense attorney today to learn how we can help you halt foreclosure and chart a path toward financial recovery. We offer free consultations in consumer bankruptcy cases.