Warwick, NY Bankruptcy Law Firms & Lawyers

You can do anything you like, but if you file bankruptcy before your short sale is completed, I can pretty much guarantee that the short sale will fall through.

You are asking a lot of complicated questions in a forum designed to give basic information and I will try to address some of these issues in the limited space available. But you ought to consult with a bankruptcy attorney in your community. You can file bankruptcy if you are eligible to do so. But bankruptcy will not give you clean title to your property and to keep your property, you will have to be able to keep the mortgage company from foreclosing on you. June 14 was a couple of months ago, so if your property was foreclosed on, it is gone and you cannot get it back. Your mortgage company has no obligation to help you. They lent you money to buy your house and they have every legal right to demand that you pay them back according to the terms of the written contract you signed with them. It is not clear whether the land you have is separate from the mortgage or not, but if it is fully paid for, you may live on it if you wish. To be able to claim it as a homestead you must, in fact, live on it.

I don't think it matters that the money from the account is from SSI. Once it is in the account, it is treated as any other bank account. If a debit card was used with your authorization, then the account can be debited. If it was without your authorization, you can probably dispute the transaction (your bank can probably help you do this) and possibly have the debit reversed. However, you may have to file a complaint against your common law husband for credit card fraud. You can't have it both ways, claim it was unauthorized, be then not press charges for the unauthorized use.