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?


Asked on 2/16/08, 6:17 pm

3 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

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.

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Answered on 2/17/08, 8:05 am
Warren Wood Law Offices of Warren Wood

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.

Read more
Answered on 2/17/08, 8:06 am
James Hart The Hart Law Firm, P.A.

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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Answered on 2/17/08, 3:20 pm


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