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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My principal home mortgage was discharged 3 years ago, however,

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My principal home mortgage was discharged 3 years ago, however, I continued to remain current on my monthly mortgage obligation to a major national lending institution. The bank's monthly statements are marked for informational purposes. How likely is it in the state of Florida for the lender to obtain a Summary Judgement against me to foreclose on my principal residence (which is jointly owned by my spouse, who did not file for Bankruptcy Chapter 7) and as long as our monthly payments remain current?
Welcome Back Art Carlo

Provided the mortgage payments remain current, the lender could not foreclose on the homestead property 3 years postdischarge. There would not be an actionable default in the mortgage

I would be glad to continue our conversation and respond to any follow-up questions that you may have.

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