Legal Question in Bankruptcy in Florida

Bancruptcy or foreclosure?

Since the house values have fallen drastically we are unable to refinance. We owe more than the value of the house now. The mortgage payments have gone up and we are in interest only loan. The mortgage payment takes over more than half of the paycheck. We have other expenses as well. We are unable to save. In this situation we are confused as to whether foreclose the house or file for bancruptcy. Which would be the better option for us?


Asked on 3/14/08, 11:35 am

1 Answer from Attorneys

Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Bancruptcy or foreclosure?

I would recommend letting it go into foreclosure. Next, file an Answer in the mortgage foreclosure lawsuit denying everything to buy you more time in the house. Then, record your homestead exemption paperwork Official Records in your county and then file certified copies of them in the foreclosure to buy even further time in the house. After that, get a Summary Judgment file a Chapter 13 bankruptcy and a Notice of Suggestion of Bankruptcy in your foreclosure case. This automatically suspends your foreclosure lawsuit and you continue to get to stay in the house. All of this time your are not paying any mortgage payments. This could go on for months. Then, if you still can't afford to make the payments, convert the Chapter 13 bankruptcy to a Chapter 7 bankruptcy and seek to discharge all of your debt. Eventually, you will have to move out of the house, but you will not owe any debt for the mortgages or your credit cards. That is what I recommend. You are going to need a lawyer to pull this off, so I recommend contacting one immediately.

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Answered on 3/14/08, 12:09 pm


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