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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31501
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We have receive a writ of replevin can I still stay my home,

Customer Question

We have receive a writ of replevin can I still stay my home
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Florida I meant save my home
JA: Have you talked to a lawyer yet?
Customer: No I was trying to find help
JA: Anything else you think the lawyer should know?
Customer: I was unemployed because of surgery and file for modification and was denied because of not enough income. I was sending them some money but they return 200 dollars and keep the rest and foreclosure the home
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

What type of property are you dealing with -- a writ of replevin is usually issued to recover personal property (car, boat, etc.), not real property (land and home)?

Customer: replied 9 months ago.
Home
Expert:  Roger replied 9 months ago.

Ok. Thanks.

Do you own the home or are you a tenant/renter?

Customer: replied 9 months ago.
I had a mortgage on home and gotta behind on my payments because I was out due to spinal surgery. I sent them money but they send some back but not all
Expert:  Roger replied 9 months ago.

Ok. Thank you.

You have the right to remain on the property until the lender forecloses on the property.....but at that point, you'd have to vacate or face being evicted.

Expert:  Roger replied 9 months ago.

The only way to stop the lender from foreclosing would be to file chapter 13 bankruptcy and seek to reorganize the debt so you can pay it in smaller monthly increments that you can afford.

Customer: replied 9 months ago.
The have already foreclosure on the home that's why the sheriff serve me the writ of replevin. I think the foreclosure sale date was June 15, 2015
Customer: replied 9 months ago.
2016
Expert:  Roger replied 9 months ago.

If the foreclosure has already occurred, you will have to leave UNLESS you can get the lender to agree to allow you to stay, pay rent, etc. Otherwise, you'll have to vacate.

Expert:  Roger replied 9 months ago.

Please let me know if you need anything further. Also, please take time to positively rate your conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 9 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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