South Florida home - bankruptcy or foreclosure?

Was served today stating my South Florida home is going into foreclosure. I do not want to try and save it as I live in another state. Should I file a bankruptcy on the house or just let the foreclosure happen? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Stephen Andrew Mosca

Stephen Andrew Mosca

Contributor Level 6
Bankruptcy is something you file to discharge debt on yourself, not on a home or other under-water asset. If you let the house go into foreclosure, you may find yourself with a deficiency judgment for the balance between what is owed and what the home sold for, and that may cause you to consider a bankruptcy.

Knowing how to proceed in your case is a difficult question that requires a careful analysis of ALL your circumstances. As for a general answer, I would say it best to fight the foreclosure IF you find an attorney that knows how to do so properly. A foreclosure will harm your credit, and other options really are no better. You own a property and the bank has to prove they have standing to foreclose...make them meet that minimum at least before you give up. With what's been going on in the securities business, it may not be all that easy for them to do so. Good luck.
1 1
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Trucking Accident Resources

View all Trucking Accident Answers & Advice

Top Foreclosure Contributors

1.
Margery Ellen Golant
Contributor Level 8
12 answers, 0 legal guides
2.
Stephen Andrew Mosca
Contributor Level 6
10 answers, 0 legal guides
3.
Steven Alan Fink
Contributor Level 8
7 answers, 0 legal guides
View all Foreclosure Lawyers on the Contribution Leaderboard