Legal Question in Bankruptcy in Florida

We filed for bankruptcy 2 years ago and we rolled our home into it as well. we didnt have to surrender the home but we wanted a fresh start. according to our lawyer giving up our home would not effect my credit and i would be able to get a new mortgage and purchase a new home. but come to find out on my credit report it says my home is in foreclosure so now we can not prequailifed for a new home loan. did they file my paper work wrong


Asked on 6/22/11, 5:57 am

2 Answer from Attorneys

Aileen Gelpi Law Office of Aileen Gelpi, Esq.

Bankruptcy usually has an effect on credit scores. But that said, most people who file for bankruptcy already have less than perfect scores, so a bankruptcy usually doesn't make it any worse. So, that's probably what your lawyer your meant when he said that giving up the home would not affect your credit. However, even after a bankruptcy and after you move out, the mortgage lender has to foreclose on the mortgage in order to get the title in its name and be able to sell the house. Many mortgage lenders are willing to enter into an agreement that's usually called "deed in lieu of foreclosure," by which the homeowner surrenders the title voluntarily. Maybe you could contact the bank and ask if they'd be willing to do that so that the foreclosure action can be dismissed. If the bank agrees, then you have to keep up with the credit reporting agencies to ensure that they update your report to show that the foreclosure was voluntarily dismissed.

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Answered on 6/22/11, 2:08 pm


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