Legal Question in Bankruptcy in Florida

I own a home that is worth less than 1/2 of what I still owe. I am in a new job and making less than when I bought the home and so can no longer afford the mortg., yet selling will not help. Can I declare bankruptcy to get out from under this lopsided motgage? I have no other major financial issues other than the house. Also, while the house is in both my name and my husband's, he is not on the loan, so how will this affect him and his credit?

Asked on 3/15/10, 6:55 am

3 Answers from Attorneys

Diane Downs Law Office of Diane M. Downs, P.A
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If you do not care about keeping your home, then you can declare it in the bankruptcy. However, if you want to keep the home, then you will have to continue making the payments. Your best bet may be to try for a loan modification.

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3/20/10, 7:27 am
Alan Wagner Wagner, Vaughan & McLaughlin, P.A.
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You can declare bankruptcy, but you will lose the home unless you want to keep paying the mortgage.

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3/20/10, 1:31 pm
RP Hartley Hartley Law Firm, PLC
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Yes you can file bankruptcy without your husband (if he did not sign or guarantee the home mortgage loan) and eliminate the mortgage debt while surrendering the home.

For more information visit our web site at www.HelpHomeDebt.com or call our Clearwater office for a free appointment.

R. Hartley Esq.

Hartley Law Firm, PLC

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You wrote

I own a home that is worth less than 1/2 of what I still owe. I am in a new job and making less than when I bought the home and so can no longer afford the mortg., yet selling will not help. Can I declare bankruptcy to get out from under this lopsided motgage? I have no other major financial issues other than the house. Also, while the house is in both my name and my husband's, he is not on the loan, so how will this affect him and his credit?

Read more
3/21/10, 5:10 am

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