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Florida foreclosure vs bankruptcy

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SadieOdelle

Junior Member
What is the name of your state? Florida
I bought a pre-construction house in Estero, FL with a plan to flip it. I put 60k down & by the time the builder finished it, the market was already on a rapid downhill slide. I went ahead and closed in April 2006 (now I wish I had taken the 60k hit). I expect to loose about 150k on the house. I am considering foreclosure or Chapter 13. Here are my questions: (1) Foreclosure -- other than bad credit for 7 years, what are the other consquences? What other assets can they seize? The only thing of value I have (other than retirement accounts, which I understand they cannot touch) is a business lot which I stand to make 100k. Can the lenderseize that? (2) Chapter 13 -- I've read that foreclosure is worse on your record that bankruptcy...is that true? I make enough money to barely make the negative-amoratization payment each month, which doesn't help in the long run since that increases my principal every month. Is that considered enough of a financial hardship? There is no way I could make the interest-only option each month. (3) Next Steps with lender -- I spoke with the lender about 3 weeks ago & explained my situation. They offered to refinance. However, that would only lower my monthly payment by some $200 and would actually increase my principal by $14k (they would roll the re-fi closing costs into the principal. Yesterday, in an effort to keep communicating with them, I let the lender know that I would likely not be able to make this month's payment. They don't seem to take me seriously until I've missed several payments. What should I do next with the lender?:eek:
 


Karl

Junior Member
Re Florida Foreclosure vs Bankruptcy

I was just wandering if you received any responses to your post. I'm in the exact situation and I'm not sure how I'm going to handle it.

Karl
 

danno6925

Member
When you enter into foreclosure, the bank eventually sells your house at a sherriff's sale. If there is a difference between what you owe and what they get, the judge will issue a deficiency judgement which will follow you until you've paid it.

As far as I know, bankruptcy only protects you to a certain extent, but you still get to keep your house.

If I were either of you, I would file for bankruptcy and pray. Well, not really. If I were REALLY you, I would have walked away from a real estate deal that could had the potential to crippled me financially.

Read my tagline for the disclaimer.
 

SadieOdelle

Junior Member
still seeking advice

Karl, I am sorry you got in a Florida mess too. I've looked for blogs for people in our situation in FL, but haven't found one. I am meeting with a couple of attorneys this week to discuss "deed in lieu of foreclosure" ot Chapter 13 bankruptcy. I am very curious to learn about your situation, information/insights you've gained, & next steps you are taking.

Sadie
 

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