Legal Question in Bankruptcy in Florida

If you have filed a bankruptcy and your mortgages have been discharged,can the mortgage companies ask you to sign anything to do with their foreclosure on that mortgage? Need answer as soon as possible to see if I have to speak with an attorney...Thanks so much.


Asked on 9/02/11, 11:16 am

2 Answers from Attorneys

Stephen Orchard Law Offices of Stephen Orchard

You should speak with an attorney, no doubt about it. If your debt is truly discharged then you should not be asked to sign anything. If your debt is being reaffirmed, meaning that you want to keep the property, then yes you will have to sign a reaffirmation agreement with the lender.

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Answered on 9/02/11, 1:56 pm
Sanford M. Martin Sanford M. Martin, P.A.

Depending on the stage of the foreclosure, the mortgagee may be requesting you sign a consent to speed up the process which may have no consequence regarding your mortgage debt; however, as stated above, an attorney can advise you as to what document you are being asked to sign. Since you have been discharged, there is likely little benefit to you in signing any consent form relating to the process unless you have asked for special consideration.

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Answered on 9/02/11, 2:38 pm


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