Frequently Asked Questions

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  • FAQ

    • Will I lose my home?​

      If you have been sent a notice of default, then you may be in danger of losing your home; however, there are many options for homeowners who are in trouble. These may include: negotiating with the bank, determining if there are any mistakes in the foreclosure notice or real estate records, and short sales. Our firm can work with you on the best choice for your situation.

    • Do I have to move out now?​

      You won't need to vacate your home until it is sold at an auction, which is the final phase of foreclosure.

    • How long will a foreclosure take?

      While it can take as little as a few months for a foreclosure case to close, it can take years if you file an answer to the notice and work with the lender.

    • I received a letter from your law firm, how did you find out about me?

      The filing of legal proceedings such as lawsuits, garnishments and foreclosures are public records. We subscribe to a service which provides us with your name and address and in return we send you our introductory letter offering a free consultation.

    • Why does filing bankruptcy stop a lawsuit, garnishment and foreclosure?

      In most cases a lawsuit, garnishment and foreclosure are governed by state law and bankruptcy is governed by federal law, which trumps the state law.

    • Is bankruptcy still an option after the bankruptcy laws changed?

      Yes, Yes, Yes.

    • Why do I have to provide my spouse's income if my spouse is not filing with me?

      In most cases, you are required to include all household income including the non-filing spouse, but you also get to include all household expenses.

    • Why do I have to take a credit counseling course prior to filing bankruptcy?

      Mandatory Credit counseling prior to filing bankruptcy is one of the changes in the new bankruptcy laws. We suspect, that the reasoning behind this requirement is so people are more educated with the process and are better informed of their financial situation prior to filing for bankruptcy protection.

    • Why do you require the initial free consultation to take place in your office and not over the phone?

      It has been our experience that an office consultation is more effective than a phone consultation.

    • How much is the filing fee for chapter 7?

      $299.00

    • Can the attorney’s fees be paid in installments?
      Yes
    • How much is the filing fee for chapter 13?

      $274.00

    • How much is the credit counseling?

      We use Consumer Credit Counseling Services and they charge $50.00 per course.

    • Do I have to attend any hearings?

      Yes, the 341 meeting of creditors and sometimes other hearings.

    • What do I bring to the 341 meeting of creditors?

      Two forms of identification, including one picture id (i.e. driver’s license) and proof of social security number. We recommend that you bring a copy of your bankruptcy petition and notice of meeting of creditors.

    • What do I tell the creditors who keep calling me at work and home?

      If you have retained our law firm, you should direct all creditors to call us.

  • The Foreclosure Process

    • Step 1 – A 30-day Notice of Intent to Foreclose
      A lender must notify the borrower 30 days prior to scheduling a foreclosure sale. There are specific parameters that must be meet when providing this notice and if not meet, then the notice can be deemed invalid.
    • Step 2 – Publicized Sale
      The lender must run a public advertisement for at least four weeks. This advertisement must be in an official, county newspaper where the property is located and must run at least once a week for four weeks before the sale.
    • Step 3 – Reinstating the Loan
      At this point, the borrower has the option to reinstate the loan. In Georgia, residents have the right to pay back money owed and reinstate the loan up to 5 days before the foreclosure sale. In some limited circumstances, a loan can be reinstated before the foreclosure sale is even schedule.
    • Step 4 – A Foreclosure Sale
      If a borrower is unable to pay the money owed and reinstate the loan, then a lender has the right to hold a foreclosure sale on the first Tuesday of the month.
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