One of the biggest Myths out there is that Florida Bankruptcy Stops Foreclosure. It doesn’t, it only temporarily delays it. The only way to stop a Florida foreclosure is to pay the loan off, which would be through selling the home or refinancing, or getting a loan modification. So the first course of action that most Florida home owners take is run to a Florida Bankruptcy Attorney to File Bankruptcy to save their home from foreclosure. And as expected, most of these attorneys will simply put these home owners into bankruptcy without explaining all their options in full. For some, bankruptcy is a good option, but it’s not for everyone. A good Florida bankruptcy attorney who meets with a client that wants to save their home, will tell them to apply for a Florida Loan Modification first and then consider a Florida Bankruptcy After.
The reason for this is, if a Florida home owners files for a Florida bankruptcy, then it limits them to only specific Florida Loan Modification programs and when a home owner is facing foreclosure they need as many options available to them as possible. As its not a one size fits all solution.
It wasn’t until a few months ago that there are now Florida Loan Modification programs for home owners that have filed Florida bankruptcy. Florida Bankruptcy should always be left as a last resort option.
Statistic show that 66-75% of home owners that file a Florida Chapter 13 Bankruptcy cannot complete the plan, so they end up back into Florida foreclosure without the Florida Bankruptcy protection and now they have a black mark on their credit report and are back at square one. The Florida foreclosure will also continue where the lender left off and put the home owner in a position where they will just want to give up and walk away.
Some Florida Bankruptcy Attorney’s would rather have their clients file a Florida Chapter 13 Bankruptcy because they make more money this way, as the plan goes on for 3-5 years and when compared to a Florida Chapter 7 Bankruptcy, that is more of a one time payment to the Florida Bankruptcy Attorney. In most cases the people that benefit from a Florida Chapter 13 Bankruptcy is the Attorney and the Trustee.

