QUESTION
Can you file bankruptcy after your house has been deemed abandoned?
Asked on Oct 24th, 2012 on Bankruptcy - Florida
More details to this question:
We are a payment behind on the mortgage and we did move a month ago out of the house.
17 ANSWERS
You can still file bankruptcy after you have moved out of the home. You will want to include the home to cover any possible deficiency judgment against you from the sale of the home.
Answered on Oct 31st, 2012 at 12:53 AM
Bankruptcy Attorney serving Overland Park, KS
at
The Smalley Law Firm, LLC
Update Your Profile
Yes, you can. I suggest you consult with a bankruptcy attorney to discuss the specific details of your situation.
Answered on Oct 26th, 2012 at 10:59 PM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
Leaving the house does not mean you can't file bankruptcy.
Answered on Oct 25th, 2012 at 10:43 PM
Daniel James Wilson
Your house is not "abandoned." You have title until foreclosure sale. You can file BK to discharge potential deficiency in foreclosure sale.
Answered on Oct 25th, 2012 at 10:12 PM
Bankruptcy Attorney serving Alpena, MI
at
Carl C. Silver Attorney at Law
Update Your Profile
Sure, why not?
Answered on Oct 25th, 2012 at 9:09 AM
If you qualify to file bankruptcy, you can file, and if you don't qualify you can't file. Whether or not your house is abandoned would not factor into the equation other than to consider what the repercussions of timing a bankruptcy filing might be. Filing Bankruptcy would delay any foreclosure sale and could make you legally responsible for the costs associated with property ownership for much longer than you would like. Your best bet is to consult with an experienced bankruptcy attorney in your community as to whether you would be better off to file now or later.
Answered on Oct 25th, 2012 at 9:07 AM
Construction Litigation Attorney serving Mission Viejo, CA
at
Law Office of Christian F. Paul
Update Your Profile
I'm not sure why your house would be deemed abandoned if you are behind on just one mortgage paymentno matter where you live at the moment.? It is still your house, and I don't see why you couldn't rent it out to another family and maybe pay the mortgage that way if you're having trouble making the payments. The lender isn't likely to start foreclosure proceedings after just one month, and you might even be able to get a little breather once you are two or three months behind by letting the lender know you are working on ways to get caught up, or at least stay current if you can get a few months' extension. If you are in bad financial straits and think you may need bankruptcy help, make an appointment with a local bankruptcy attorney (many will give a 30-minute consultation for free) and take with you your deed, your vehicle registrations, your last two years' tax returns, last two or three pay stubs, most recent statements / invoices / demand letters from everyone you owe money to, a list of your assets, and a list of your ordinary monthly expenses. The attorney should be able to size up your situation and give you an answer whether bankruptcy will help you, what to expect, and how much it will cost. He or she also should be able to give you advice about the "abandoned" house. Good luck.
Answered on Oct 25th, 2012 at 9:06 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
Update Your Profile
Certainly. Sounds as if you need a good bankruptcy atty.
Answered on Oct 25th, 2012 at 9:04 AM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
Most likely, but it might depend on the state where your property is located. Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Oct 25th, 2012 at 8:55 AM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Yes
Answered on Oct 25th, 2012 at 8:54 AM
Bankruptcy Attorney serving Walnut Creek, CA
at
Alan E. Ramos Law Offices
Update Your Profile
The fact that you have moved out of your house would not prevent you from filing bankruptcy. However, ust because you have moved out of your house, your potential liability has not ended. As long as you are on title, you should make sure that you maintain liability insurance on the property. Should someone be injured on your property, you would be liable. If this injury were to happen after you filed a bankruptcy petition, the liability would not be included in your bankruptcy. Also, if you have homeowners' association assessments, the assessments after your bankruptcy filing would not be discharged and would continue to accrue as long as you are on title. You should seek counsel to make sure that you are not creating a larger problem for yourselves.
Answered on Oct 25th, 2012 at 8:53 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, you can still file for bankruptcy protection. If you are filing either a Chapter 7 or a Chapter 13 you would state in the statement of intention regarding the debt that it is surrendered, that way your personal obligation will be discharged.
Answered on Oct 25th, 2012 at 8:52 AM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
Yes you may. So long as the house has not been foreclosed, you can still save it.
Answered on Oct 25th, 2012 at 8:51 AM
David John Tybor
Yes, you can file bankruptcy and not be liable for any deficiency that then arises when the property is actually sold at a foreclosure sale. One thing you may want to consider is staying in the home and not paying for several months to see what happens. The foreclosure sale would not take place for many many months of your not paying. Also, the bank may approach you for a modification, loan mitigation, short sale, deed in lieu, or other workout that may put in a better financial condition.
Answered on Oct 25th, 2012 at 8:47 AM
Bankruptcy Attorney serving Myrtle Beach, SC
at
Law Office of Margaret L. Evans, PC
Update Your Profile
yes, and you can surrender the home on the debtor's statement of intention to prevent the bank from seeking a deficiency judgment
Answered on Oct 25th, 2012 at 8:34 AM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Yes you can file bankruptcy after abandoning your home.
Answered on Oct 25th, 2012 at 8:28 AM