question, can I lose my house due to credit card debt even if it's a homestead? Our attorney said we need to wait and not file bankruptsy even though we cannot pay off our debt. We bought our home when my husband's mother died from his brother and sister and they have a lien on the house for 2/3's of the value. The value of course has dropped at a steady amount over the last 2 years and is not worth what we agreed to pay for the home. If the home was appraised today it would come in a little over what we own them for the house.

Can they, our creditors, mostly credit card companies, force us to sell the house?

MBell

Generally no. In almost all states, you can't use unsecured debt against a personal residence.

Please don't use PMs for followups.

This site should help:

The Mississippi Bar Association - 10 You And Your Estate (http://www.msbar.org/10_you_and_your_estate.php?spot=974&archive=20)

Since you said you have no equity and you can protect up to $75K of equity, it would seem your protected.