Is it ever possible that a FL homestead property be discharged in a FL chapter 7 bankruptcy?


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It appears my mortgage was discharged


Banks in Homestead, FL



Answer (2):

Andy

You seem confused. At least your question is. You should ask your bankruptcy lawyer; or if you filed pro se, rephrase your question.

The outcome of your case depends in part on when you filed: under the old law or the new, less generous one.

You will normally have discharged your personal liability for the mortage but not the lien against the property. Up to the limit in force under the new law (or without limit under the old) your homestead exemption prevented and prevents creditors OTHER THAN YOUR MORTGAGEE BANK (or the IRS) from levying against your homestead.

But you are not going to be able -- if that was your cute question -- to discharge your mortgage entirely and have your property free and clear. UNLESS your mortgagee bank made a horriffic mistake -- it's happened on more than one occasion -- and screwed up its recordation of its mortgage.

In other states that benefit accrues to creditors, In Texas and Florida and one or two other states, the homesteader can benefit. Sometimes and maybe. And of course somebody in the bank, or the bank's law firm, gets fired.

MLaw

Are you certain? A mortgagee is a preferred creditor under Chap. 7. Homestead has nothing to do with it. I guess it's possible; but I've never heard of it.