In many cases the answer to this question is yes. Often times homeowners find themselves “underwater” in the home and are afraid that if they surrender their home in satisfaction of their first mortgage their second mortgage lender will pursue a deficiency against them or they will file a form 1099(c) creating tax liabilities for the amount of the second mortgage.
One of the most effective ways a Jacksonville Foreclosure Lawyer has found to prevent that from happening is for a homeowner to file a chapter 13 bankruptcy surrendering the house in full satisfaction of the first and second mortgage before the house if foreclosed on. By doing this, the homeowner prevents the holder of a second mortgage company from filing a deficiency claims because the house has not yet been sold and the funds dispersed. This method is especially effective for those homeowners who have little other debt and are looking to protect assets.
If you are facing a Florida Foreclosure Lawsuit and are considering your foreclosure alternatives, contact a Jacksonville Bankruptcy Lawyer today for a review of your case and explore what alternatives may be available to you.