Legal Question in Bankruptcy in Florida
Do I file Bankruptcy
I was married 7 months ago, the two of us bought a manufactured home in a 55 plus community in Florida. I am going into foreclosure on my home in Massachusetts due to a poor refinancing. The home in Massachusetts only has my name on it. I am retired at the end of next month and will only collect Social Security. I have a small amount in a 401K. Can they take or put a lien on our manufactured house in Florida that is financed.
Do I need to file bankruptcy to protect us?
3 Answers from Attorneys
Re: Do I file Bankruptcy
Have you considered:
1. Homesteading your Florida property;
2. Contacting the Massachusetts lender to either:
a) Seek forebearance on your delinquent mortgage (Arrears to be added to principal;
b) Sell property (straight sale or contract);
c) Lease option property;
d) Give lender deed in lieu of foreclosure;
e) File a bankruptcy proceeding, while leasing the property out;
f) A short sale;
g) Contacting Federal and State offices (including your MA elected representatives) about the foreclosure moretoriums currently in affect;
h) Hired a lawyer to negotiate a favorable outcome withyour lender.
All these proactive steps (or any of them) may assist you. These are not an exhaustive list of options.
Re: Do I file Bankruptcy
Have you considered:
1. Homesteading your Florida property;
2. Contacting the Massachusetts lender to either:
a) Seek forebearance on your delinquent mortgage (Arrears to be added to principal;
b) Sell property (straight sale or contract);
c) Lease option property;
d) Give lender deed in lieu of foreclosure;
e) File a bankruptcy proceeding, while leasing the property out;
f) A short sale;
g) Contacting Federal and State offices (including your MA elected representatives) about the foreclosure moretoriums currently in affect;
h) Hired a lawyer to negotiate a favorable outcome withyour lender.
All these proactive steps (or any of them) may assist you. These are not an exhaustive list of options.
Re: Do I file Bankruptcy
This will depend on whether or not your Florida property is your homestead and whether you are a Florida or Massachusetts resident for purpose of filing for bankruptcy.
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