If the mortgage company agrees to stop the sale and offer you repayment terms, you would not necessarily need to file for Chapter 13. Make sure you get the agreement in writing PRIOR to the sale date to protect your rights. It is important to understand your rights under Chapter 13 before you enter into an agreement with the mortgage company, as you may find that you are better off accepting the terms of the Chapter 13 than what the mortgage company is willing to accept outside of the court process. Often, the terms are more beneficial to the debtor under the Chapter 13 with a longer time to pay back the missed payments and with no additional late penalties or interest charges on the arrearage portion. Unlike a direct payment arrangement with the mortgage company, the Chapter 13 offers a full debt consolidation program to manage all your debts and provides optional repayment terms. Sometimes other debts, such a credit card bills, medical bills, etc., drain a budget of necessary money to stay current on the mortgage. The Chapter 13 program allows us to prioritize the mortgage and focus your efforts.