Deficiency Judgement

Hi carlen,

You can reopen your bankruptcy filing in order to include your mortgage in it. As the deficient amount will become an unsecured debt, you may not have to pay it anymore to the lender if you include it in your bankruptcy filing. You need to contact your bankruptcy attorney in order to reopen your bankruptcy filing.

Thanks

My husband borrowed money to buy property in Florida. He is the only signer on the note, but I am on the mortgage deed. He died and the bank foreclosed on the property because I could not make the payments. Can they sue me for the mortgage difficiency if I wasn't the original signer on the bank note?

As your name is mentioned on the mortgage docs, the lender can sue you for the deficient balance resulting from the property sale.

I don't understand how and why can a bank do this? When we applied for the loan, BOA would not lend me the money, only my husband. I brought more debt than income to be able to fit their debt to income ratios. None of the bank docs have my name on them. They tell me that the account is not in my name. So how can they now want me to pay for something they would not even let me borrow to begin with? When my husband died they wouldn't even talk to me. They wouldn't even answer my attorney's letters. Is this worth pursueing in court? Also, can they arnish my wages and back account her in Illinois and place liens on other properties I own?

Hi Lin,

You will have check out properly whether or not your name is mentioned on the mortgage docs. If your name is not mentioned on the mortgage docs, then you won't be liable for the payments. If you feel that the lender is doing something fraudulent with you, then you can file a lawsuit against him.

Thanks,

Jerry

I was evicted for nonpayment of rent on a house. I own no property ( not even a car) I am currently on short term disability due to being diagnosed with stage four kidney disease. I have applied for social security disability but have not been approved for it yet. Is there any kind of hardship exemption I can get to handle this?

Hi Annie,

If you have an attorney who will be able to represent you in the court, then you'll have to speak to him in this regard and he will guide you further in this matter.

Thanks

In Florda can the bank have me sign a promissary note or 1099 me if the property is home steaded? If so, is there a time fram in which they can come after you?

Hi Guest,

The lender may ask you to sign a promissory note. The SOL for written contracts is 5 years in Florida.