Legal Question in Bankruptcy in Florida

My ex has let home go into foreclosure. He was suppose to refinance within 90 days after divorce was final, he didn't. Now I am being sued along with him by the mortgage company. After the divorce I had to file for bankruptcy, several years later. I put all my debts and I included that mortgage in my filing. My debts were discharged in March 2011. What will happen to me now? HELP!!!!!!!!!!!!!!!!!!! My debts were discharged in WV.


Asked on 10/05/14, 7:32 pm

2 Answers from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

You should consult with the lawyer who did your bankruptcy. The mortgage company is probably just going after the property, not you for a deficiency judgment because the debt has been discharged.

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Answered on 10/06/14, 4:40 am
William Gwaltney William W. Gwaltney, Attorneys at Law

If the mortgage was included properly in your bankruptcy then you should have no issues going forward. However, you should consult with the attorney who filed your BK for you and make sure that is the case. You may also want to provide a response to the court hearing the foreclosure case indicating the debt was discharged through bankruptcy and that there should be no award of economic damages as it relates to you.

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Answered on 10/06/14, 9:43 am


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