Can the mortgage company pursue a deficiency judgment against me after foreclosure in the state of Florida

Saint Augustine, FL Viewed 1711 times. Posted about 1 year ago in Foreclosure

Forclosure and bankruptcy law: Does a Mortgage company lose the ability to file suite for lost money`s after a forclosed home is sold in the state of Florida if the owner is currently in chapter 13? - Is this your question? Add additional information

Answers (2)

Daren L Rubenfeld

This attorney is licensed in Florida and 2 other states. Posted about 1 year ago.

If the Lien for the Deficiency Judgment is recorded prior to the filing of the Bankruptcy, then it is not discharged in Bankruptcy. However, my practical understanding is that very few lenders are pursuing deficiency judgments.

Michael Alex Wasylik

This attorney is licensed in Florida. Posted about 1 year ago.

If the owner of the home is currently in Chapter 13, the lender must pursue any claims it has against the debtor within the bankruptcy estate, unless it gets permission from the bankruptcy court to pursue the case outside the estate (which it probably wouldn't want to do.)

It is unlikely that the lender would spend time and money doing this against a bankrupt debtor.

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