Have you surrendered your home in Bankruptcy and you come to find out you are still on the Title?

I have found that there is an escalating issue in Florida between Lenders and Bankruptcy clients. Many clients have come to me over the years upset because their bankruptcy was completed years ago and have recently found out they are still on the Title of their house.
Some Lenders have begun foreclosure process then stop dead in their tracks. How or why do they do this you ask? Good Question.
This disconnect has been going on for many years now and something needs to be done. I have found that there are two camps that are affected by this:

  • One camp consists of folks who have filed for Bankruptcy, or about too, and they are still living in their home without paying a mortgage payment.
  • The second camp is a client who has already gone through the Bankruptcy process and received their discharge papers. These clients are the most shocked and appalled when they discover years later they are on the title to real estate they had already surrendered.

I practice in the Middle District of Florida and advise clients to either sell the property or rent it out. Unfortunately many clients have already moved on and left the state for a fresh start. The clients who do stay are usually elderly or do not have the desire, or resources, necessary to manage a rental property.
This is an growing problem in Florida and something needs to be done so Lenders follow through with their foreclosure when the owner is in or has completed Bankruptcy. These people deserve a fresh start and the right to move on with their lives and possibly purchase another home down the road.

Sherry Ellis Law, PLLC