There are several effective way to defend against foreclosure. An experienced bankruptcy attorney can help you decide what option is best for you. Even if you have already received a notice of default from your lender or a complaint initiating foreclosure litigation against you, options to avoid and/or stall the foreclosure remain available. Depending on your individual financial circumstances, you may be able refinance your mortgage, work out a loan modification or payment plan that lets you get current on your mortgage payments or sell your home.
In addition, and most importantly, a sure-fire way to prevent or halt a foreclosure is to file bankruptcy. Filing Chapter 7 or Chapter 13 bankruptcy automatically stops all contact and collection action including a threatened or pending foreclosure by creditors, including your mortgage company. Instead, they have to go through your attorney and the bankruptcy court.
Depending on your circumstances filing a Chapter 7 liquidation bankruptcy that discharges your unsecured debt may free up enough of your income to enable you to catch up on your mortgage payments. Alternatively, filing a Chapter 13 bankruptcy allows you to force a payment plan on your mortgage company to enable you to get current on your mortgage payments. An experienced bankruptcy attorney can advise you regarding this option.