Hello Michael,
You need to know the bankruptcy process if this is a situation you often run into.
First you need to know if it is a chapter 13 or chapter 7.
Chapter 13 is a reorganization of debt while 7 is a total discharge of debt.
With a 7, there little to nothing you can do.
With a 13, there's a lot you can do. I really like when homeowners have filed for bankruptcy cos thats a good ammunition when you eventually talk to the bank.
After a homeowner files for a 13, they have about 30-45 days before they are required to appear in court for a 341 (meeting of creditors) hearing.
during this period they are not required to make any pmts and the bank can never sell the property...so the bank will have to push the foreclosure about 45-60 days forward. regardless of whether the homeowner has filed a 13, they are still in foreclosure. After the 341 hearing, the judge determines how much the homeowners can afford to pay their creditors and puts them on a pmt plan. Now to the bank, this is a FORCED FORBEARANCE situation. The bank CANNOT sell the property unless the homeowner stops making that pmt. If they do stop making that payment, then the bank will file for "Motion to release from Stay". This allows the bank to take the house ALONE out of the bankruptcy. Once this is done, the foreclosure date becomes a HOT sales date. Keep in mind that during that whole process, the bank never took the homeowners out of foreclosure, they just kept postponing the foreclosure sales date by 30 days as long as they are receiving the pmts from the court.
It is erroneous for homeowners to think that they cannot loose their property just b/cos they filed a 13. If they do not stick with the pmt plan, then the bank is has the legal right to file that motion to release the house from the bankruptcy.
85% of homeowners default on that payment plan and the banks know this.
If you know the process, you can maximize it to your advantage and that can even help you negotiate with the bank. A good attorney can keep the bank from selling the property and the homeowner can live in the house for FREE for 1-2 years. Would the bank like to loose all that money?
PS: I am not an attorney and as such this is not a legal advice. Please consult your bankruptcy attorney