Essex, MD Foreclosure Defense Lawyer

Devoted Foreclosure Defense Attorney for Homeowners in Essex, Maryland

If you have begun to fall behind on mortgage payments, your home lender may initiate foreclosure proceedings, putting you at risk of losing your home. However dire the situation may seem, there are still measures you can take to safeguard your property. An Essex, Maryland foreclosure defense attorney can help you address sources of outstanding debt so that you can get current on your mortgage.

When your home is on the line, seeking experienced legal counsel is in your best interests. At The Law Office of Donald L. Bell, we have over 20 years of experience in bankruptcy matters, so you can trust us to handle your case competently.

Chapter 13 Bankruptcy as a Measure Against Foreclosure

Many homeowners fear that filing for bankruptcy means forfeiting their home. In truth, Chapter 13 bankruptcy serves as a defensive tool against foreclosure rather than an admission of failure. Under Chapter 13, you do not surrender your property—instead, you reorganize your debts under court supervision.

Misconceptions often arise from confusing the liquidation process of Chapter 7 with Chapter 13's repayment focus. Unlike Chapter 7, which may require selling nonexempt assets, Chapter 13 lets you retain ownership while catching up on past-due mortgage payments through an approved plan.

Creditors and mortgage servicers must comply with the court-ordered plan once it is confirmed. That means a lender cannot modify your interest rate, demand a lump sum cure, or resume foreclosure so long as you adhere to the payment schedule. By viewing bankruptcy as a strategic measure to preserve your home, you unlock legal protections that extend far beyond a simple pause in collection activity.

How an Automatic Stay Can Protect Your Home

Immediately upon filing a Chapter 13 petition, the bankruptcy court issues an automatic stay that halts virtually all creditor actions. Foreclosure sales are halted, and creditors must cease phone calls, letters, and repossession efforts. The automatic stay applies nationwide, so even out-of-state judgment creditors cannot pursue post-filing enforcement.

With an automatic stay, homeowners gain crucial breathing room to negotiate with mortgage servicers and trustees. Instead of watching deadlines slip by, you can work with your attorney to assemble accurate arrearage figures and propose a realistic cure schedule. During the stay, mortgage servicers often reassess loss mitigation options or loan modifications when they see a structured repayment plan in place. For many borrowers, that window of relief transforms a looming foreclosure into a manageable repayment path.

Requirements for Chapter 13 Bankruptcy

Filing Chapter 13 begins with completing an approved credit counseling course within 180 days before your petition. That online or phone-based session reviews your financial situation and explores alternatives. You then prepare a petition and schedules listing assets, liabilities, income, and expenses, and file these documents with the bankruptcy court.

Soon after filing, the court schedules a meeting of creditors, also known as a 341 meeting, typically held within 21 to 50 days. At this meeting, the trustee and any attending creditors may question your income, expenses, and proposed plan. Our firm can speak on your behalf to address these questions, clearing up any ambiguity with the trustee or your creditors.

A valid repayment plan can run from three to five years. It must allocate your disposable income first toward priority claims—such as domestic support obligations and certain taxes—then toward curing mortgage arrearages, and finally toward unsecured creditors. Our firm can assist with the required paperwork to minimize delays and ensure that all steps are followed correctly.

Meet With an Essex Foreclosure Defense Attorney

If you need help protecting your home from imminent foreclosure, reach out to The Law Office of Donald L. Bell. We can walk you through the steps to file for Chapter 13 bankruptcy, putting you in a position to catch up on your arrears.

We offer free consultations in consumer cases. To get started, contact our Essex foreclosure defense lawyer or call 301-614-0535.