Legal Question in Bankruptcy in Pennsylvania

Bankruptcy ?

I lived in FL previously, now reside in PA, but only for past 2 months.

Former husband refuses to quit claim deed FL home and I am facing foreclosure on that property.

Home is deeded to both, mortgaged in my name only.

I cannot resolve that foreclosure as I do not have the $ to do so.

When I moved to PA, I moved into a home we had purchased prior to the divorce, again deeded to both, but mortgaged in my name only. (terrible lack of judgement on my part.)

As foreclosure on the FL property is iminent, I will need to evaluate bankruptcy following the foreclosure as I am sure with current market situation in FL there will be a deficiency. Additionally, former husband allowed an IRS lien to be filed on that house even though in the divorce, I was given that property. I do not have the $ to pay an attorney in FL.

Are deficiency judgements typical / common?

Can I declare bankruptcy ... I do not have great credit card debt, the bankruptcy would be as a direct result of the deficiency (if it is filed.)

I have a home I am living in in PA with my two children that I want desperately to save. Would I be forced to give up this home?

I need to know my options and best way to avoid foreclosure and defieincy judg


Asked on 4/03/07, 10:56 am

2 Answers from Attorneys
Glenn Brown Real World Law, P.C.

Re: Bankruptcy ?

Why wait to file a bankruptcy? Was there a Fl- attorney for the divorce. The Fl court can order the quit claim deed filed even without your ex's signature.

If I am in your area, schedule a reasonably priced consultation if not find an excellent atty close to you for a consult.

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Answered on 4/03/07, 12:39 pm
John Gibson John W. Gibson, Esquire

Re: Bankruptcy ?

I can't comment on whether or not it is difficult or easy to obtain a deficiency judgment in Florida. Bankruptcy may be an option if they do obtain a deficiency judgment. Other options might be to defend against transfer of the deficiency judgment to Pennsylvania or to file an equity action against your former husband to reform the Deed.

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Answered on 4/04/07, 10:12 am


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