1. Q: What’s the first step I should take if I’m facing foreclosure in Florida?
A: Contact a foreclosure defense attorney immediately. Florida is a judicial foreclosure state, meaning the lender must go through court, which gives you time to explore defenses like improper notice or loan modification options.
2. Q: How can bankruptcy stop a foreclosure on my home?
A: Filing for bankruptcy triggers an automatic stay, halting all collection actions, including foreclosure. Chapter 13, in particular, lets you reorganize debts and catch up on missed mortgage payments over time.
3. Q: What’s the difference between Chapter 7 and Chapter 13 bankruptcy?
A: Chapter 7 wipes out most unsecured debts quickly but may not save your home. Chapter 13 restructures debts into a 3–5-year payment plan, ideal for keeping property like your house or car.
4. Q: Can I keep my home if I file for bankruptcy in Florida?
A: Yes, Florida’s homestead exemption protects your primary residence from most creditors in bankruptcy, as long as you’ve lived there for at least 40 months and keep up with mortgage payments.
5. Q: How long does a foreclosure process take in Florida?
A: Typically, 6–12 months, depending on court schedules and whether you fight it. Defenses like lender errors or bankruptcy can extend this timeline significantly.
6. Q: What happens if I miss a mortgage payment or two?
A: Lenders usually don’t start foreclosure until you’re 120 days behind, but they may send notices earlier. Act fast—talk to your lender or an attorney about options like forbearance.
7. Q: Can I negotiate with my lender to avoid foreclosure?
A: Yes, options like loan modifications, short sales, or deeds-in-lieu can work. An experienced attorney can negotiate better terms and spot lender mistakes to strengthen your case.
8. Q: Will bankruptcy ruin my credit forever?
A: No. Chapter 7 stays on your credit report for 10 years, Chapter 13 for 7. With smart rebuilding—like secured credit cards—you can improve your score within a couple of years.
9. Q: What debts can’t be discharged in bankruptcy?
A: Child support, alimony, most student loans, recent taxes, and criminal fines stick around. Secured debts like mortgages remain unless you surrender the property.
10. Q: How do I know if bankruptcy is right for me?
A: If you’re drowning in debt, facing foreclosure, or getting wage garnishments, it might be. A free consultation with a bankruptcy attorney can weigh your income, assets, and goals.
11. Q: Can a lender foreclose if I’m current on payments?
A: Not usually, but errors or disputes (like unpaid HOA fees) can trigger issues. Review your mortgage docs and call an attorney if you get a foreclosure notice unexpectedly.
12. Q: What’s an automatic stay, and how does it help?
A: It’s a court order that stops creditors cold—foreclosures, repossessions, even harassing calls—giving you breathing room to plan your next move with your attorney.
13. Q: Can I fight a foreclosure without filing bankruptcy?
A: Yes. Defenses like improper paperwork, predatory lending, or violations of federal laws (e.g., TILA) can delay or stop foreclosure. An attorney can spot these cracks in the lender’s case.
14. Q: How much does it cost to file bankruptcy in Florida?
A: Chapter 7 filing fees are $338; Chapter 13 is $313. Attorney fees vary—$1,500–$3,000 for Chapter 7, $3,000–$5,000 for Chapter 13—but many offer payment plans.
15. Q: What’s the “means test” in bankruptcy?
A: It compares your income to Florida’s median (e.g., $62,682 for a single person in 2025). If you’re below, Chapter 7 is easier; above, Chapter 13 might be your path.
16. Q: Can I save my car in a bankruptcy?
A: Yes, if you’re current on payments or can catch up via Chapter 13. Florida exempts $5,000 of vehicle equity, plus more if you don’t claim homestead.
17. Q: What happens to my credit card debt in bankruptcy?
A: Most of it gets wiped out in Chapter 7 or reduced in Chapter 13, unless you racked it up fraudulently right before filing.
18. Q: Can HOA fees lead to foreclosure in Florida?
A: Yes, HOAs can foreclose for unpaid dues, even if your mortgage is current. Bankruptcy can pause this and help you manage those debts.
19. Q: How long does bankruptcy take?
A: Chapter 7 wraps up in 3–6 months; Chapter 13 lasts 3–5 years, depending on your payment plan. Foreclosure delays can extend either process.
20. Q: Why hire a foreclosure defense and bankruptcy attorney?
A: You get an expert who knows Florida law, spots lender errors, and tailors a strategy—whether it’s fighting in court or filing bankruptcy—to protect your home and future.