New house during foreclosure

So here is the story. We have a private lender that is holding the mortgage on our house. He owned the home originally when we bought it 5 years ago. Every year we’ve paid the taxes late, usually with our income tax returns in March/April(because they are $7500). This year he has chosen to foreclose on us. We have never missed or been late with a payment. There was a clause in the mortgage that said taxes had to be paid within 30 days of their due date or balance of mortgage could be due in full. He served us with the papers without any solution options. Here is our question, can we buy another house now before the foreclosure is complete on our current house. I understand that it is considered a buy and bail. We more than qualify for another house because of good credit and this mortgage does not and never has shown on our credit reports. My attorney says we should probably just wait until it is all complete but if we wait we are then out on the street, looking for somewhere to rent with 3 little kids a dog and a cat most likely in the middle of winter. We have found a house we love and don’t want it to slip away. Any help is appreciated.