Foreclosure Defense and Reversal
Fortunately Louisiana is a judicial foreclosure state, which means that a creditor with a mortgage on real estate located in Louisiana must go into court and obtain an order from a judge before it can foreclose. Unfortunately, the Louisiana judcial foreclosure system is relatively quick and efficient, and a judge might order the sale of your property before you even know the creditor is going to court.
The problem with foreclosure defense in Louisiana state court is that 1) most homeowners who are involved in a foreclosure proceeding don't have the funds to cover the legal fees and the court bond that are usually required to enjoin the sale, and 2) even if you win your case, the sale may just be postponed temporarily until the creditor can get its paperwork together and file again.
In our experience a Chapter 13 debt reorganization is the way to go. Chapter 13 usually stays state-court foreclosure proceedings while you work out a plan of repayment. Chapter 13 gives the homeowner up to five years to get caught up on back-due mortgage payments, reduces the interest rate on unsecured debt such as credit cards and personal loans, and can even help with some tax problems. Chapter 13 can reverse --- not simply delay --- a home foreclosure.
If you are a Louisiana resident, use the contact form on the left to get in touch with us, or send an email to info@billcherbonnier.com, or better yet, pick up the phone between 8 - 5 Monday through Friday, and call us at 504-309-3304.
The problem with foreclosure defense in Louisiana state court is that 1) most homeowners who are involved in a foreclosure proceeding don't have the funds to cover the legal fees and the court bond that are usually required to enjoin the sale, and 2) even if you win your case, the sale may just be postponed temporarily until the creditor can get its paperwork together and file again.
In our experience a Chapter 13 debt reorganization is the way to go. Chapter 13 usually stays state-court foreclosure proceedings while you work out a plan of repayment. Chapter 13 gives the homeowner up to five years to get caught up on back-due mortgage payments, reduces the interest rate on unsecured debt such as credit cards and personal loans, and can even help with some tax problems. Chapter 13 can reverse --- not simply delay --- a home foreclosure.
If you are a Louisiana resident, use the contact form on the left to get in touch with us, or send an email to info@billcherbonnier.com, or better yet, pick up the phone between 8 - 5 Monday through Friday, and call us at 504-309-3304.