Schedule Your Free Consultation
Bankruptcy is All We Do Foreclosure Defense

Our team is ready to provide your case with the attention, skill, and compassion that it deserves.

Schedule Your Free Consultation Today

Springfield Foreclosure Defense Lawyer

Helping You Keep Your Missouri Home

It can be easy to feel powerless when you fall behind on your mortgage payments and are threatened with foreclosure. No matter your circumstances, losing your home will almost certainly bring devastating consequences to you and your family.

Our Springfield foreclosure defense lawyers at Licata Bankruptcy Firm PC can help you explore legal options that can help you save your home. Filing for bankruptcy can freeze the foreclosure process and give you the breathing room and flexibility to catch up on mortgage payments and map out your next steps.

Our bankruptcy team can walk you through the implications of filing and develop a strategy that will best protect your interests. Our goal is to help you build a more sustainable financial future that will allow you to keep your home and stay out of overwhelming debt.

If you are facing foreclosure or the process has already started, do not wait to call (417) 213-5006 or contact us online. We offer free initial consultations.

How the Foreclosure Process Works in Missouri

The foreclosure process will not be initiated immediately if you are late on a mortgage payment. In fact, you can miss multiple payments before any foreclosure proceedings can begin. Federal law requires that banks and lending institutions must wait a minimum of 120 days – or 4 months – before a foreclosure can start.

This means that you will have ample time to anticipate and prepare for a foreclosure. It also means you do not have to worry if you are delinquent on a payment or two. Keep in mind, however, that you will be subject to any penalties, interest, or late fees mandated by your servicer.

If circumstances prevent you from catching up on payments, you should expect to receive a breach letter from your bank or lending institution. This letter will formally indicate that the mortgage is in default and the steps that must be promptly taken to cure the debt and avoid foreclosure. Per federal requirements, you must also receive information about foreclosure avoidance options.

It is important to understand that banks and lending institutions do not like foreclosures, as they are expensive and resource consuming. In many circumstances, you can negotiate with your servicer to refinance or modify the loan. Most Missouri deeds have a reinstatement clause that allow you to halt any imminent or initiated foreclosure proceeding if you can catch up on ally payments and late fees.

Should you not be able to reach a compromise with your servicer, you will have until the date prescribed in your breach letter – typically 120 days after the first missed payment – to catch up or face foreclosure. If you know you will be unable to cure the debt by that date, you should consider immediately speaking to a member of our team about your foreclosure defense options.

Most foreclosures in Missouri are nonjudicial, meaning they do not involve state courts. This is bad news for homeowners, as it means the foreclosure can happen extremely quickly in many situations.

The lending institution is obligated to send you a notice of foreclosure sale at least 20 days before the sale takes place. They are also required to place advertisements of the sale in a local newspaper.

Once the foreclosure sale takes place and the home’s ownership is transferred, you can no longer stop the process through bankruptcy. If you receive a foreclosure sale notice, contact a bankruptcy professional as soon as possible.

Be aware that you can also face deficiency judgments in Missouri. Many times, the foreclosure sale price is lower than what you owed on the mortgage. For example, say you owed $100,000, but the foreclosure sale purchase only generated $60,000.

You are still on the hook for the remaining $40,000, even though you have lost your home. Your servicer can sue you for the remaining deficiency, which makes avoiding foreclosure all the more important.

How Bankruptcy Stops Foreclosure

Filing for bankruptcy stops the foreclosure process and give you the time that you need to catch up on payments. Our Springfield foreclosure defense attorneys can help you explore your options in filing for either Chapter 7 bankruptcy or Chapter 13 bankruptcy.

When you file for bankruptcy, the court promptly issues the automatic stay, an order that halts all collections actions. The automatic stay will temporarily stop any pending or ongoing foreclosure. It will also prevent any collections lawsuits, creditor harassment, wage garnishments, or repossessions. The freeze remains in effect until your bankruptcy filing is completed.

Filing for Chapter 13 bankruptcy can give you as many as 5 years to catch up on your mortgage. During this time, your debt obligations will be consolidated into a single monthly payment. So long as you make this payment, the automatic stay will continue to prevent foreclosure, giving you time to reorganize finances and resolve your mortgage debt.

Chapter 7 bankruptcy can also prevent foreclosure, though its protection is more temporary. Filing for involves undergoing a liquidation process, but homestead exemptions allow many filers to safeguard their homes.

Filers who complete a Chapter 7 bankruptcy or Chapter 13 bankruptcy will generally be entitled to discharge unsecured debts at the conclusion of either process. Unsecured debts include credit card debt, medical bills, personal loans, and unpaid utility bills.

It is important to note that you cannot discharge missed mortgage payments to avoid foreclosure following a bankruptcy, but the ability to eliminate other types of significant debt can give you the financial flexibility you need to catch up on any mortgage deficiencies.

Our bankruptcy team can help you explore your options throughout the process and advise on strategies that will help bring you current.

Bankruptcy cannot stop foreclosure after a sale has already taken place. However, filing for bankruptcy can help you resolve any deficiency judgments or related lawsuits.

Same-Day Appointments Available

In many cases, foreclosures can take weeks or even months after the 120-day mark to come together. Other times, foreclosures can happen frighteningly fast, giving you little time to respond and protect your home.

In some cases, you may only have days to act before a sale precludes relief through bankruptcy. Licata Bankruptcy Firm PC offers same-day appointments and can aggressively move to help you file and stop an imminent foreclosure sale.

Our bankruptcy team is compassionate to the stress and uncertainty that comes with the threat of foreclosure. We are committed to helping you leverage bankruptcy’s tools to save your home and live a life free of debt.

Our Springfield foreclosure defense lawyers have substantial experience using the automatic stay to efficiently stop creditor actions and save homes. We will work with you to identify what type of bankruptcy you qualify for and how filing can assist you in eliminating debt and reorganizing finances.

Do not wait to get help with foreclosure defense. Call (417) 213-5006 or contact us online today.

Real Clients. Real Reviews.

Read What Real People Have to Say
    Mr. Licata was very understanding and went through our information very thoroughly.

    “After reviewing, Mr. Licata determined it would be in our best interest to wait six months to file to save us an additional $6,000 -$8,000 in the long run.”

    - Josh B.
    I would highly recommend PAIGE WRIGHT

    “SHE WAS RIGHT! I would highly recommend PAIGE WRIGHT if you need a bankruptcy lawyer.”

    - Laurie W.
    We were very impressed with this firm

    “He could have recommended that we file right away, but he was honest with us and told us it wasn't necessary to do so just yet.”

    - Kurt F.
    This firm has done an exceptional job

    “This firm has done an exceptional job in handling my case. Attorney Paige Wright is truly the best and her Assistant Amy was very responsive and helpful throughout the process!”

    - Jackie F.
    Not only was this firm helpful and affordable, but Marc Licata was kind and understanding.

    “He helped me to understand that sometimes debt consolidation in Springfield Missouri the only option, and that I had exhausted all other means of taking care of my family. I have recommended this firm to others and would do so, over and over again!”

    - Jennifer C.

Ready to Discuss Your Unique Case?

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.