[dmrru123]

My question is I live in Florida my wife has been unempolyed and we just got hmph government plan to save our home from foreclosure, Im like everyone else unable to make the full payment have tried to wrk with them but no luck, no I have a summons filed and they say they will garnish my wages, take other propeties, and our personal belonging to sell to pay them off, can you tell me if this is what will really happen. Should I file bankruptcy? Even if I have other properties in my name but my daughter pays the house payment and lives there??

[JudyKayTee]

Florida's Homestead Act protects the house where YOU live from forced sale by creditors - "Article 10, Section 4(a)(1) of the Florida Constitution protects a person's homestead residence from forced sale under process of any court. That section clearly states that no judgment or execution shall become a lien on homestead property. The Constitution defines homestead as one's principal place of residence up to one-half acre within a municipality and up to 160 contiguous acres in any county in Florida. To qualify for homestead protection, a debtor must be a Florida resident and must reside on the homestead property. " Florida asset protection law, florida homestead, tenants by entireties

It is more likely that a lien will be filed against the properties as well as moving against wages and bank accounts.

[dmrru123]

Thank you so much for answering my question. And since my husband is head of household and I am on unemployment his wages will probably get garnished? Well thank you so much for you help.. I have so much debt, and I don't dispute that I owe debt and was always a on time for years with these companies we have just fallen on hard times like so many its not an excuse I know just very hard. I wonder if I should file bankruptcy and would I lose my other properties in doing this.. Thanks

[JudyKayTee]

You certainly are not alone - I would consult with an Attorney. If you contact your local Bar Association you can be referred to someone who specializes and offers the initial consultation for a small fee.

Good luck - and we all hope the economy turns around soon!

[dmrru123]

Thank you so much for taking the time to answer my questions you have been very helpful. And yes we all hope the economy turns around soon...

[JudyKayTee]

Thank you so much for taking the time to answer my questions you have been very helpful. And yes we all hope the economy turns around soon.....

I'm adding a PS here - is the credit card in BOTH of your names? One person's assets cannot be liened to pay another person's debts. I do not recommend circumventing the law BUT a joint account can be seized to pay off the debt of one of the parties; accounts in one name CANNOT be seized to pay off the debt of the other party.

[dmrru123]

No he has his own credit accounts and I have mine I have it to he is a user on mine and I am on his but not in both names.

[dmrru123]

Sorry just realized that all of our prop and belongings and cars in the both names but none of our credit cards are in each others names. He has his own and Ihave my own and he is the one being sued.