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3 Answers | Asked in Bankruptcy for Florida on
Q: I have read that if your credit card debt and mortgage are from the same bank, that bankruptcy will not protect me from

a lien being placed on my home. Homestead doesn't apply. Is this true?

Matthew Podolsky
Matthew Podolsky
answered on Apr 14, 2019

That is not necessarily true. Generally, a Chapter 7 bankruptcy discharge removes your personal liability on the debt. Keep in mind, the discharge does not remove liens from property. Therefore, you may no longer have any personal responsibility to pay back the debt but a lien can still remain on... View More

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3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

There is no equity in the property

Matthew Podolsky
Matthew Podolsky
answered on Apr 14, 2019

Yes, but is likely not a good idea. If the foreclosure sale does not yield enough funds to pay the mortgage in full your mother may be sued by the bank to pay the remaining balance. There are usually much better options for a homeowner than simply walking away. For instance, a short sale, deed in... View More

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