Legal Question in Bankruptcy in Florida

I filed for chapter 7 in 9/10 was discharged in 2/11 - I was able to keep my home, but had to pay a second mortgage - due to only 1 income at home (husband has been unemployed for 2 years) I live paycheck to paycheck and i stopped paying the second mortgage. They sold my account to a collection agency because on my credit report it states it was transferred to recovery. They have not started hounding me yet, but my question is when they take me to court and put a judgment against me I know they can garnish my wages - if they do that I will not be able to survive - if there a way I can negotiate with the judge to put a lien on my home instead?


Asked on 9/14/12, 1:58 am

1 Answer from Attorneys
Stephen Orchard Law Offices of Stephen Orchard

You must consult with a bankruptcy attorney regarding this issue. If you reaffirmed your second mortgage (is that what you mean by "had to pay a second mortgage?") then your lender may pursue you as you fear. However, if you did not reaffirm the second mortgage, the lender may not pursue you for a money judgment. The lender can still attempt to foreclose its mortgage but may not seek a money judgment. Best of luck.

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Answered on 9/14/12, 3:55 am


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