Can Bankruptcy Prevent Foreclosure in New Mexico?

October 24, 2024

Can Bankruptcy Prevent Foreclosure in New Mexico?

Facing foreclosure can be overwhelming, but bankruptcy may offer a way to prevent losing your home. In New Mexico, filing for bankruptcy can halt foreclosure proceedings, giving homeowners a chance to catch up on missed mortgage payments or restructure their debts. At the Law Office of Jason Cline, we assist the Albuquerque public with foreclosure matters, including how bankruptcy can provide relief.

How Bankruptcy Can Prevent Foreclosure

There are two main types of bankruptcy that can help prevent foreclosure: Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy: Automatic Stay

When you file for Chapter 7 bankruptcy, an automatic stay is immediately put into effect. This stay halts all foreclosure proceedings, giving you temporary relief while the bankruptcy is processed. However, while Chapter 7 can delay foreclosure, it may not be a permanent solution unless you can work out an arrangement with your lender.

Chapter 13 Bankruptcy: Repayment Plan

Chapter 13 bankruptcy is often a more effective solution for stopping foreclosure. It allows you to create a court-approved repayment plan that helps you catch up on missed mortgage payments over a period of three to five years. As long as you comply with the repayment plan, the lender cannot foreclose on your home.

The Role of an Automatic Stay

One of the most significant benefits of filing for bankruptcy is the automatic stay, which provides immediate protection from creditors, including your mortgage lender. This stay temporarily prevents foreclosure, giving you time to assess your options, whether through negotiation or catching up on missed payments.

How the Law Office of Jason Cline Can Help

At the Law Office of Jason Cline, we understand the stress that foreclosure can bring. Our legal team is experienced in bankruptcy and foreclosure matters, and we can help you determine the best course of action to protect your home. Whether you're considering Chapter 7 or Chapter 13 bankruptcy, we are here to guide you through the process and help you prevent foreclosure.


If you’re facing foreclosure in New Mexico, contact the Law Office of Jason Cline today to learn more about how we can assist you with your foreclosure and bankruptcy options.

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