Secured Debt Any For Loan In Florida
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Key takeaways Mortgages, home equity loans, home equity lines of credit (HELOCs) and auto loans are all forms of secured debt, while most personal loans, credit cards, student loans and medical loans are unsecured debt.
Secured debt - A debt that is backed by real or personal property is a “secured” debt. A creditor whose debt is “secured” has a legal right to take the property as full or partial satisfaction of the debt. For example, most homes are burdened by a “secured debt”.
Other than tenants by entireties and homestead, the major protection from creditors in Florida is the unlimited head of household wage exemption. The wages of a debtor who is head of household are exempt from creditor collection. This exemption extends to wages deposited in a bank account for up to six months.
In many cases, a bankruptcy discharge can eliminate your personal responsibility for secured debt, so the lender can't sue you for unpaid amounts. However, the lien on the property doesn't automatically go away. The lender can still take back the collateral if you stop making payments.
If you file for a Chapter 7 bankruptcy, your secured debt may be discharged, but the lender is also able to repossess the property that secured the debt. In other words, if you have a mortgage on your home and file a Chapter 7 bankruptcy, the mortgage debt may be discharged but the lender can take back your home.
