Legal Question in Bankruptcy in Florida

My wife declared bankruptcy using Chapter 7 before we got married and the mortgage on her home was included in the filing. We have moved out of the property since the bank has scheduled and cancled foreclosure several times. We have recieved a notice from the court "ORDER DIRECTING THE CLERK TO RETURN ORIGINAL NOTE AND MORTGAGE". It further states that "ORDERED and ADJUDGED that the Clerk shall return to Plantiff's Attorneys said Original Note and Mortgage."

Does this mean that the orginal mortgage is being reinstated dispite it being included in my wifes bankruptcy filing of Chaper 7.


Asked on 6/08/11, 7:27 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Based on the facts described in your inquiry, it is likely the court is merely ordering the foreclosure process as filed to cease, which requires re-filing of complaints, affidavits, etc. Your mortgage is not being reinstated or affected legally in any way by the action of the court. Unfortunately, many foreclosures, due to various legal procedural errors and mistakes, have been canceled and re-initiated multiple times. If the mortgage was included in the BR discharge, it is not affected by the court's action.

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Answered on 6/08/11, 8:14 am


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