Legal Question in Real Estate Law in Florida

I went on chapter 7 Bankruptcy I put my house in there but I also did before that a modification request all this happen in 2013 now the bank put the house for sale what else can I do


Asked on 7/02/14, 10:00 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

You should talk to the attorney who represented you in the CH 7 Bankruptcy.

When you say you "put my house in there" do you mean you claimed that you wanted to keep the home and "reaffirm the debt"? or do you mean that you wanted to avoid being financially responsible for the mortgage?

If you were trying to avoid financial responsibility for the mortgage then you likely surrendered the home and gave up your property rights. If you were behind in your mortgage the bank can still proceed with foreclosure if they ask and receive permission from the court (this is called "Relief from Automatic Stay). They can also wait until the bankruptcy is discharged and proceed if the mortgage is still in arrears.

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Answered on 7/14/14, 5:55 am


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