QUESTION

How much time do we have before they kick us out?

Asked on Mar 29th, 2013 on Bankruptcy - Florida
More details to this question:
We filled a Chapter 7 Bankruptcy in 2010, where we attempted to keep our house. In 2012 we tried to modify our loan & found out that our mortgage was never reaffirmed. We stopped paying our mortgage from that time on. Seven months after not paying our mortgage, we get a Summon from Court that we're being sued by our mortgage banker. Is this something to worry about? Do we need to respond to this letter or just disregard it?
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2 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to file an answer and affirmative defenses to the mortgage foreclosure complaint. They probably cannot pursue a deficiency judgment. You do need an attorney for this.
Answered on Apr 01st, 2013 at 3:58 PM

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You should respond and advise the court of the bankruptcy filing. Although the bankruptcy did not eliminate the lien on the property and the lender can foreclose, you should make sure that a money judgment is not entered against you. You can raise defenses to the complaint of any are available. The process in court can take anywhere between a few months to a few years, therefore it is important that you stay inform of the process since once the property is sold and title transferred, a writ of possession can be issued ordering the sheriff to remove you form the property. Please keep in mind that every case is different, therefore, I would recommend that you talk to an attorney in order to evaluate all options and possible outcomes.
Answered on Apr 01st, 2013 at 3:58 PM

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