As Miami’s short sale specialist, I pride myself in finding sustainable solutions for homeowners in foreclosure. I find solutions with minimal impact on their lives.
One of the main judicial vehicles used to momentarily stop a foreclosure is a bankruptcy. A bankruptcy is when a person or other entity that cannot repay the debts it owes to creditors. Bankruptcy takes place in a federal court thus superseding the local courts jurisdiction. Because local jurisdiction is limited, filing for bankruptcy will disrupt a local foreclosure.
I was reaching out to a homeowner but unfortunately never was able to speak to them. I am passionate about helping others so I stay on top of what goes in in my community and farm area. A farm area is where the are or community you work in as a real estate professional.
This particular homeowner has been taking advantage of the judicial system and filed bankruptcy every time she had a sale date. Unfortunately for her, she filed a bankruptcy too late and the house was sold at auction!
After the sale of a house in Miami-Dade courts you have 10 days to object to the sale. The homeowner tried objecting to the sale but her motion was denied!
The courts are not playing around anymore! Ever since governor Rick Scott signed into law House Bill 87, foreclosures in Florida have been on the fast track! Judges are tough and are not allowing for more than 1 extension.
In conclusion, using a bankruptcy to force the temporary stoppage of a foreclosure is a BAD idea! Not only are you further hurting your credit report and credit history for the next 5- 7 years but the foreclosure sale may still happen!! I’ve seen no foreclosure cases be reversed thus far.
I am not an attorney or CPA but I am a short sale specialist that can help you avoid foreclosure and bankruptcy. Please call us as soon as you think you may not be able to make your mortgage payments because a proactive strategy is the best strategy!