Legal Question in Real Estate Law in Florida

To answer your question....You can check with the Miami Dade County property appraiser to determine whether your home has a Homestead Exemption. Yes, you can file for bankruptcy and this may be beneficial depending upon your situation. However, typically bankruptcy is a last resort and one would first defend a foreclosure in court with a competent foreclosure defense attorney. Whether you are living in your home or not, if you have fallen behind on the payments and are being threatened with a foreclosure or a foreclosure has been instituted against you, I recommend that you contact a Florida Foreclosure Defense attorney as soon as possible. In miami dade foreclosures can still take quite a bit of time and when properly defended this can help you to gain valuable time to either negotiate an arrangement with your lender. You would need to speak with a bankruptcy attorney in Florida to determine whether you would qualify for a chapter 7 bankruptcy or chapter 13 bankruptcy and which would be more beneficial in your situation, or whether or not you should file at all.

Good Luck with your situation and please let me know if you need assistance with the foreclosure defense. My firm offers foreclosure defense for a reasonable monthly fee plus a one time up front payment. Thanks for using Lawguru.com.

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Your status as a disabled individual does not change your obligation to pay the mortgage. If you dont live in the house, you cannot claim the house as homestead and protected in the bankruptcy proceeding. You need to consult with a bankruptcy attorney to see what your options are with regard to the foreclosure, imminent or filed, and the bankruptcy route. By the way the bankruptcy may negatively affect your ability to obtain financing on the new home, just as the foreclosure may negatively impact on it.