We can not file for bankruptcy, because we had filed in 2010. We did not put the home in the bankruptcy , because we thought we were going to live in Florida for many years to come . We are going to stop paying on the mortgage this month. We know that the lender has 5 years to file a deficiency judgment after the house is sold in auction. Can the Forgiveness Dept Relie Act/ Mortgage Dept For relife act help us? We know that our property is worth less/ and then the lender may get a judgment agains us for the differerence . All that we own is a car worth 10K and a van worth 3k . My husband will retire next yr and I know that they can not go after his retierment to compensate them from the loss.