QUESTION
If they obtain a deficiency judgment against me once the house sold, can I erase that in bankruptcy?
Asked on Oct 18th, 2013 on Foreclosures - Florida
More details to this question:
I have an open Foreclosure Proceeding for 4 years that is heading to the Final Judgment Trial. My sister and my ex-husband signed the note. Both executed Quit Claim Deeds. My ex-husband was dropped as a party by doing nothing. I've asked that they drop my sister since she does not have an interest in the home she filed a Quit Claim Deed. What can I do to have them drop her as a party? She also obtained a Bankruptcy Discharge Chapter 7 several months ago and included this debt. Can they still file a Judgment against her? Thanks very much.
2 ANSWERS
Erik Brito Espinosa
Yes. Upon discharge in a bankruptcy all personal liability in a debt is cleared. As to your specific questions of removing parties from a case, a motion can be filed if she has no interest in the property and no liability. However, a specific course of action should be discussed with an attorney due to the fact a trial is set.
Answered on Oct 23rd, 2013 at 4:16 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The debt can be wiped off the slate in a bankruptcy, just as the debt was done in the sister's bankrutpcy. She does not need to be dropped as a party, they cannot still file a judgment against her personally.
Answered on Oct 22nd, 2013 at 12:19 PM