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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i live in Florida and considering bankruptcy, i would like

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i live in Florida and considering bankruptcy, i would like to keep my home however I am 3 months behind plus fee and other charges, they have not started any foreclosure procedures other than a few letters that say they may accelerate the payoff. If the bank starts this process can I still file for bankruptcy and keep my home?

Thank you for your question. I am happy to assist you.

I am a Florida lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Absent a voluntary forbearance by the lender, a Chapter 13 bankruptcy appears to be the only alternative at this point to keep the 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 a 2nd mortgage if the first mortgage equals or exceeds the value of the property.
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