Legal Question in Real Estate Law in Massachusetts

Protecting an asset

Good Afternoon

I am currently going through a foreclosure on my bank owned home. A year ago I purchased a lot in Florida for my daughter (minor). The deed is in both of our names. Will I lose the property in Florida ? If so is there anything I can do to protect it from being taken ?

Thank You


Asked on 12/13/06, 11:58 am

3 Answers from Attorneys

Jerome Aaron Law office of Jerome L. Aaron

Re: Protecting an asset

This may depend on what kind of bankruptcy you are going through. This is really a bankruptcy question, rather than a real estate question.

I think you should re-submit this as a bankruptcy question so it can be directed to practitioners who are able to answer it.

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Answered on 12/13/06, 12:11 pm

Re: Protecting an asset

The foreclosure is against the property on which the mortgage is secured. If there is a deficency, they can then seek to attach other assets.

You can stop a foreclosure by filing a chapt 13 Bankruptcy and try to get the property sold or try to get a repayment plan done. I do not do bankrutpcy work, but there are no shortgage of people who do.

Good Luck

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Answered on 12/13/06, 12:21 pm
Dmitry Lev The Lev Law Firm

Re: Protecting an asset

It can't just be "taken." The foreclosing mortgage company must seek a judgment for deficiency and then seek to attach or levy upon the Florida property. Depending on the specifics of your foreclosure, there may not be a deficiency. As the other attorney said, a bankruptcy will stop a foreclosure. Feel free to contact my office, I do bankruptcy work.

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Answered on 12/18/06, 5:44 pm


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