So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.
I am a Florida lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.
Absent a voluntary forbearance/modification by the lender, a Chapter 13
bankruptcy appears to be the only alternative at this point to keep your house.
A Chapter 13 bankruptcy would immediately stop the foreclosure action. It could permit you to set up a plan to reinstate your mortgage arrearages. In other words, it could allow you to pay the arrearage over a 5 year period.
The Chapter 13 bankruptcy may also be used to strip away the 2nd mortgage if the first mortgage equals or exceeds the value of the property.
It would be best to retain an attorney. If you cannot, you will want to purchase the forms on line and file them yourself prior to the sale. After you file the petition
, you will need to notify the plaintiff.
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