Trying to avoid foreclouser and loose the house

Asked over 3 years ago - Clermont, FL

i want to bring eventhing up to that but with all the summons and fees it too high and i cant pay all at once but can i make a payment plan with

Attorney answers (4)

  1. William W. Gwaltney

    Contributor Level 11

    Answered . Please read my post to the later version of this question. It is important that you get some advice from an attorney licensed in Florida for this issue. Florida has many protections for your home that an attorney from another state may not be entirely familiar with. Also, you should not assume that Bankruptcy is the only option.

    My firm represents debtors in bankruptcy, but we also search for other solutions to their problems and assist where we can. You should not make a decision regarding your specific situation based on responses to a question with limited information.

  2. Margery Ellen Golant


    Contributor Level 20

    Answered . It is difficult to understand exactly what the issues are that you have or what the status is - is there a pending foreclosure ? While there may be a viable foreclosure defense possibility, if your objective is to bring the loan current by making payments over time, the cheapest and most straightforward way to do that probably is with a Chapter 13 bankruptcy.

    I defend foreclosures all the time, however, that costs money too, and while the foreclosure is going on, the mortgage company will refuse to accept payments, so at least on paper, the debt gets bigger. If you can get a Chapter 13 plan confirmed, the debt does not get bigger, you start making payments again, and they have to accept them.

    There is no realistic way you will be able to sort this out by yourself. See if you can find a local attorney who is knowledgable in both Chapter 13 bankruptcy and foreclosure litigation so that you can see what options may exist in your case.

  3. John Dale Wiley

    Contributor Level 10

    Answered . You need to be careful, because the banks will take advantage of you on things like this. Lucky for you, there are a number of good law firms working on this stuff, including Ice Legal in Florida. I would call them and discuss your situation. They may well be able to help.

  4. Bernard James Conway

    Contributor Level 14

    Answered . I agree with the other advice - get a lawyer. The 'banks' often offer trial plans or forbearance agreements that are highly unlikely to be converted to a permanent mortgage modification. The effect is usually to put the owner so far behind that catching up is virtually impossible.

    This is not legal advice and you should seek the advice of an attorney in FLA.

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