Fort Lauderdale, FL asked in Bankruptcy for Florida

Q: I wanted to surrender my home during bankruptcy, but also want to stay until the bank forecloses

Now the bankruptcy trustee is forcing short sale. Is this right?

Related Topics:
2 Lawyer Answers
Andrew Bresalier
Andrew Bresalier
Answered
  • Plantation, FL
  • Licensed in Florida

A: This is permitted and happening more and more, in the So. Dist. Fl. The Trustee is seeking the funds that the mortgage company will pay for the short sale. These funds will go to your creditors.

Radha Rothrock
Radha Rothrock
Answered
  • Naples, FL
  • Licensed in Florida

A: It depends where you live as far as what the trustee will do. In the Fort Myers division of the Middle District of Florida, the trustees typically don't force the short sales because the properties are so far under water here.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.