Legal Question in Bankruptcy in Florida

if i file bankruptcy and have a discharge am i responsbile for the mortgage an how far behind do you have to be before forclouser?


Asked on 3/13/10, 2:23 pm

2 Answers from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi. Usually the lender files foreclosure 60-90 days after you miss a payment, although in the current environment, many lenders are waiting longer. If you file for bankruptcy, you would list the mortgage in your petition. You would have the choice whether to reaffirm the mortgage and continue paying on it or surrender the property.

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Answered on 3/19/10, 3:27 am
DMD PA DMD Law, PA

If you do not want to keep the home and you list it in the bankruptcy, then you do not have to pay the mortgage. If you want to keep the home, you will have to continue paying the mortgage.

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Answered on 3/19/10, 6:13 am


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