Bankruptcy vs. counterclaim — the difference in one page
A Chapter 7 bankruptcy discharges unsecured debt but does not stop a foreclosure on its own — the automatic stay only delays the sale, and the lender can (and usually does) file for relief from stay within thirty to sixty days. Chapter 13 restructures debt into a three- to five-year plan but requires monthly plan payments to a court-appointed trustee, and default on a single plan payment usually triggers dismissal.
The counterclaim path is structurally different. It puts the burden of proof back on the lender by challenging the standing of the law firm and the bank to enforce the mortgage. When paired with a good accounting ledger audit, the Guild's trustee pledge settles the accounting and the mortgage is reassigned. No filing appears on your credit report. No court-appointed trustee is inserted into your estate.
How the counterclaim works
The Guild files a verified counterclaim against the law firm and bank inside your existing case. The counterclaim challenges chain of title, note ownership, and any SEC-bundled tranche the note may have been assigned into. A good accounting ledger audit is performed on the entire loan file — every payment, every fee, every credit — and reconciled against the original note.
In parallel, the trustee account is pledged to settle the reconciled accounting. When the audit closes and the counterclaim is settled, the mortgage is reassigned. The homeowner receives a manual tracking number stamped on the case file confirming the settlement.
Who this works for
Homeowners with a bank or non-bank mortgage in the United States, whether current, delinquent, or in active foreclosure. Members who want to avoid the seven-to-ten-year credit impact of bankruptcy. Members who have equity they need to protect, who own the property outright but face a tax lien, or who are already inside a bankruptcy proceeding and want a parallel counterclaim on file.
The Guild does not require you to be current on payments, to have equity, or to be represented by an attorney. Six signed agreements are executed inside the private portal, and a mortgage statement, deed, government ID, and any court paperwork are uploaded to the trustee.
What it costs — line by line
The Guild has exactly two fees. A $1,500 yearly membership grants access to the private portal, the trustee, the six e-sign agreements, the marketplace, and the document vault. It auto-renews annually and can be canceled at any time from the member billing dashboard.
The 1.5% counterclaim service fee is calculated from the mortgage balance on file in your most recent application. It is paid only if the case settles. No settlement means no service fee. The 1.5% covers the ledger audit (35%), trustee pledge (30%), counterclaim filing (20%), mediation and arbitration (10%), and settlement recording (5%).
Frequently asked questions
- Will this show up on my credit report the way bankruptcy would?
- No. The counterclaim + trustee pledge is not a bankruptcy filing and does not appear on your credit file. The counterclaim itself is a court filing but does not tag your credit history.
- Can I do this if I'm already in a Chapter 13?
- Yes. Many members enroll in the Guild while still inside a Chapter 13 plan. The counterclaim runs on a parallel court track and a senior trustee will coordinate with your bankruptcy counsel.
- Do I need a lawyer for this?
- No. The trustee prepares and files the counterclaim on your behalf. If a court appearance is required, we refer to a partner attorney.
- How long does it take vs. a Chapter 13 plan?
- Sixty days, versus three to five years for a Chapter 13 plan. And unlike a Chapter 13, there is no monthly plan payment during the process.
- What is the settlement rate?
- 98% on qualified counterclaim cases that complete the full sixty-day ledger audit and mediation flow.
- What if my case doesn't qualify?
- Intake is free. If the counterclaim is not the right fit, a trustee will tell you inside the first review call and no service fee is owed.
