Facing foreclosure and considering bankruptcy at the same time
For a lot of homeowners, foreclosure and bankruptcy show up as one problem, not two. Missed mortgage payments often pile up alongside credit card debt, medical bills, or a job loss, and by the time foreclosure paperwork arrives, bankruptcy is already part of the conversation. Handling these separately, one attorney for the foreclosure defense and another for the bankruptcy filing, often means slower coordination at exactly the moment speed matters most.
Attorneys who handle both sides together can time a bankruptcy filing to work with the foreclosure timeline, whether that means using the automatic stay to buy time, structuring a Chapter 13 plan around curing the mortgage default, or making sure a Chapter 7 filing doesn't create surprises in the foreclosure case. This combined approach is its own kind of engagement, distinct from a straightforward foreclosure defense case or a standalone bankruptcy filing.
- Bring both your foreclosure paperwork and a full picture of your other debts to the first meeting, not just one or the other.
- Ask specifically whether the firm handles both practice areas in-house or refers out, since that affects how well timed the strategy can be.
- Be upfront about how far behind you are on the mortgage, since that often drives which combined strategy makes sense.
What it costs
Combined foreclosure and bankruptcy work is usually billed as two related but separate engagements, one fee for the bankruptcy filing and one for the foreclosure defense work, though some firms offer a bundled rate when they handle both in-house. Ask directly whether working with one firm for both pieces costs less than hiring separately.
Top 3 by our score
Ranked from our published scoring of public Google reviews for foreclosure defense & litigation.
- 1. Banks & Brower924.9★ · 865 reviews
- 2. Peter Francis Geraci Law L.L.C.924.9★ · 576 reviews
- 3. Walton Legal Services924.9★ · 250 reviews
FAQ
- Do I need two different attorneys for foreclosure and bankruptcy?
- Not necessarily. Some firms in this directory handle both practice areas, which can make timing the two processes together simpler than coordinating between separate attorneys.
- Will filing bankruptcy make my foreclosure case go away?
- Not automatically. It can pause the case through an automatic stay and, depending on the chapter, give you a path to cure the default, but the foreclosure case itself doesn't disappear on its own.
- What happens first, the bankruptcy filing or the foreclosure response?
- That depends on your timeline and how far along the foreclosure case is. This is exactly the kind of sequencing question a combined-practice attorney is used to answering early on.