Legal Question in Bankruptcy in Florida

Can home owner not on note stop foreclosure with bankruptcy?

My mother and I own our home jointly. However, I did not sign the note. We are being foreclosed and the bank's claim lists me as signing the note. My mother filed a dispute in time, but I did not. If I file bankruptcy, will this stop the foreclosure in order to give us time to make arrangements to save our home, or did I have to file a dispute, as well as be on the note?


Asked on 2/12/02, 3:59 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Can home owner not on note stop foreclosure with bankruptcy?

Yes normally a chapter 13 bankruptcy allows time to reogranize your finances.

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Answered on 2/12/02, 4:33 pm
Robert Cohen Cohen & Kendziorra, P.A.

Re: Can home owner not on note stop foreclosure with bankruptcy?

The filing of bankruptcy whether it is a Chapter 7 or 13 invokes the automatic stay rule which means all lawsuits must cease and desist until further order from the Court. In your case, filing bankruptcy would halt the foreclosure action immediately giving you time to pay the mortgage arrearages in a Chapter 13 filing. Good luck

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Answered on 2/12/02, 7:29 pm


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