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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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We are in florida..My husband filed bankruptcy which was discharged

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We are in florida..My husband filed bankruptcy which was discharged in march. He was listed on the mortgage but according to my credit report I was not. He surrendered the house on his paperwork. Our house is scheduled for a forclosures auction sale in a matter of weeks. I am filing bankruptcy now. Since we are married will this delay themauction? Or because it wasnt listed as a creditor it wouldn't be.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
You said according to your credit report you are not listed on the mortgage. However, credit reports are sometimes missing information or have incorrect information.
1) Are you a co-signor on the mortgage?
2) Is your name on the title to the house?
3) If not, was the house purchased before or during your marriage?
Customer: replied 5 years ago.
Didn't think of that.
Bought after marriage ..I don't. Remember signing and I don't think my name is XXXXX XXXXX title although when pull up the info on the county website on the prop appraiser I thought my name was listed . As well on the clerks website I am listed on the judgement paperwork
Expert:  cfortunato replied 5 years ago.

If the house was purchased after you were married, it is marital property. It is marital property whether or not your name is XXXXX XXXXX title and whether or not your name is XXXXX XXXXX mortgage.

This means the house has to be listed on your Bankruptcy petition, and filing a Bankruptcy will place an immediate stay on all foreclosure proceedings, including the auction.

In other words, if you file a Bankruptcy before the auction, doing so will delay the auction.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

 

 

Customer: replied 5 years ago.
It is however after pulling the clerks website info regarding all the other properties my husband had, I noticed judgements on others besides the current home in question. Do I list them all? And in listing them do I need to break down the banks , hoa, everyone listed on judgement?
Expert:  cfortunato replied 5 years ago.

You only have to list:

1) Mortgages if you are a co-signor on the mortgage;

2) Property your husband currently owns that was acquired during the marriage (unless the property was paid for exclusively with your husband's separate funds - gifts, inheritances, or money he had before you were married);

3) Property you own with your husband or by yourself.

You are not supposed to list any mortgages that you did not co-sign, as you are not responsible for those.

 

Customer: replied 5 years ago.
So I can just put the main bank not broken down to the hoa and second mortgage if there is one? I am filing with a paralegal because I can't afford the lawyer and they just prepare they don't help.
Expert:  cfortunato replied 5 years ago.
If there is an HOA involved, you should include the HOA. If you are in doubt about whether or not you are responsible for a debt, it is better to include that debt, as there is no penalty for doing this.
Customer: replied 5 years ago.
question:
When I file the bankruptcy on the paperwork with the properties there is a section asking exemption with the house... Should I claim the exception the primary house.
All then other proerties I'm listing because I am unsure if my name is XXXXX XXXXX
My husband on his bankruptcy surrendered the house...
Expert:  cfortunato replied 5 years ago.
Have you hit the "ACCEPT" button yet?
Customer: replied 5 years ago.
No I had another question I just sent you. My son got sick yesterday so I could not finish.
I wanted also to know how long after I drop my paperwork off and file ti at court does it become active
Expert:  cfortunato replied 5 years ago.
A Bankruptcy becomes active - and the automatic stay put in place - as soon as the paperwork is filed.
Customer: replied 5 years ago.
Ok last thing. Do I claim an exemption on the primary house? I have no idea what that means. Thanks you've been very helpful.
Expert:  cfortunato replied 5 years ago.

You would have to claim an exemption on your primary residence only if the current market value of the home is more than the balance on the mortgage.

Expert:  cfortunato replied 5 years ago.

Correction: you would have to claim an exemption on your primary residence only if the current market value of the home is more than the balance on the mortgage, and if you were going to keep your home.

 

And please don't forget to hit the "ACCEPT" button.

Thank you!

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