Foreclosure in Tampa>Question Details

Beachbum, Other/Just Looking in Tampa, FL

my house has been foreclosed on and up for sale at auction. someone told me i could file chapter 13 bankruptcy to avoid the sale

Asked by Beachbum, Tampa, FL Thu Aug 11, 2011

would both me and my spouse have to file bankruptcy since we are both on the house or can i just do it by myself.

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8
Lynn Brock’s answer
Beachbum, based upon your questions and comments, it appears that you have been in denial regarding the reality of this situation. From your original question that your property was going to the auction block and what should you do, time has passed and the most obvious solution/action is to seek the advise of an attorney. If cost is a factor, you can seek advise through legal aid.

You have now disclosed that both you and your spouse are on title. Both you and your spouse, or just you or just your spouse, can consult with an attorney and follow their legal advise. Time is of the essence. Once the time evaporates your options are gone. If only one of you is motivated to seek legal advise then go.

Apparently, up until this point you thought that this situation was going to go away. It is not. It is real and your end consequences are real.
0 votes Thank Flag Link Fri Aug 12, 2011
HI Beachbum,

you really do need to consult an attorney; however, if your house has been forclosed on saving your house is not an option. Once the court awards your home back to the bank, the house is no longer yours. It is like a car that gets repossesed, it no longer belongs to you. If the property is up at auction, then that means there is an auction date set. it is very complicated without knowing more specifics, however the law give you the right to save your home up to the point of actual foreclosure and there are various remedies to do so.

This is a tough situation and it is hard for everyone involved. Understand your rights as a homeowner and if you consult an attorney (which is highly recommended) make sure you know where your house is in the process. If it has been foreclosed on, you would have been evicted. if it just has an auction date set, that means they are waiting and anticipated the court to award the foreclosure. If that foreclosure has not happened, you still have a chance to keep you home.

Roy
786-863-7764
roy@fglrealty.com
Web Reference: http://www.fglrealty.com
0 votes Thank Flag Link Fri Aug 12, 2011
Call a Bankruptcy attorney. They usually provide a free consultation. You will have to move quickly to give the attorney time to save your home from auctoin.
0 votes Thank Flag Link Thu Aug 11, 2011
As a Realtor, we can help you with the sale of your home, whether it is a normal sale where you have equity or as a short sale where you owe more than the value of the home. We cannot by law offer you legal advice on what 'may or may not" happen if you file for bankruptcy. You can google "free legal advice florida" and make a choice from the sites listed or google "bankruptcy attorney Tampa" for a different set of results. I wish you the best!
0 votes Thank Flag Link Thu Aug 11, 2011
Definitely talk to a bankruptcy attorney. States have different programs and rules that go along with federal bankruptcy laws. You should be able to get a consultation either for free or at a very low cost. And the advice will be invaluable.

Good Luck!
0 votes Thank Flag Link Thu Aug 11, 2011
Hi
You need to consult with a real estate attorney ASAP
Thanks and Good Luck John
0 votes Thank Flag Link Thu Aug 11, 2011
An attorney will be the best person to answer your legal and bankruptcy questions. As licensed real estate agents we CANNOT provide any advice in this vein.
Web Reference: http://www.mysharphomes.com
0 votes Thank Flag Link Thu Aug 11, 2011
We are Realtors, not Attorneys; we cannot and will not give Legal Advise.
Even our OPINIONS wouldn't help you.
Please consult with an Attorney.
0 votes Thank Flag Link Thu Aug 11, 2011
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