Legal Question in Bankruptcy in Florida

The agreement between you and your husband does not affect the rights of the mortgage company. You might have to file bankruptcy on this debt, but first you have to actually be bankrupt.

Unfortunately, divorce decrees and judgments have no impact on who is responsible for the Note and Mortgage. If you and your ex were on the loan jointly you still bear the responsibility of the payments and satisfaction, even if you give up your property rights.

The worst part of this is that if you are not insolvent and don't have exemptions from judgment collection, then you COULD be saddled with garnishment and levy from an eventual deficiency judgment if there is one. You should consult with an asset protection attorney or bankruptcy attorney to discuss your options, and obligations. You may be in a position that filing bankruptcy is not a viable option.

I represent bankruptcy and foreclosure clients throughout the state and yours is not an uncommon situation. However, you may have options that aren't readily apparent without more information.

Good luck, and I suggest you contact an attorney sooner rather than later.