Legal Question in Real Estate Law in Florida

Hello,

My home is worth 70K and I owe 135K. I am 2 months behind on my mortgage and foreclosure appears inevitable especially considering my value-to-debt. I also have 30k in credit card debt so filing bankruptcy appears in order as well. I am earning 70% less than I used to being in the construction trade in Florida.

Question: should I allow the lender to foreclose, file bankruptcy just prior to the sale (to stay in my home a few more months) while I save money to move?

Thanks-

Dunedin Florida


Asked on 3/01/11, 11:10 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

The answer really isn't as simple as that. A good answer would require more information and a great answer should involve a conversation with you and a bankruptcy attorney or foreclosure attorney (or one who does both). Depending upon your individual circumstances you may be able to stay in the home, modify the mortgage, and get the fresh start with regard to the credit card debt.

My firm assists clients in bankruptcy and foreclosure defense, and it is preferable to not simply use the bankruptcy as a means to stalling any foreclosure proceedings. Under the law you may be entitled to a modification of your mortgage to a point that you could stay in the home and move forward. I strongly suggest that you consult with an experienced attorney regarding these multiple issues. Many attorneys provide free consultation for debt counseling, or a minimal consultation fee, but it will be worth it to get the information you need to move forward.

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Answered on 3/01/11, 11:48 am


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