Episode 58 - The Failla Case

In Episode 58 of The Crushing Debt podcast, we discuss a case called In Re: Failla. This case impacts both bankruptcy and foreclosure cases in Florida, and was a win for lenders, against homeowners and borrowers. Mr. and Mrs. Failla bought a house in Boca Raton, Florida.  Eventually circumstances caused them to fall behind on their mortgage and the bank filed a foreclosure.  The Faillas then decided to eliminate their debts in bankruptcy, including stating their intent to "surrender" their house to the mortgage company. However, when the bank proceeded to foreclose, based on the Failla's intent to surrender the house, the Faillas fought the foreclosure case.  The bank objected to the Failla's actions.  The case found its way to the 11th Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy and Federal Court cases in Florida, Georgia and Alabama).  The decision is from October 2016 and now, unfortunately, means that when someone in bankruptcy indicates an intent to "surrender" the house, they're no longer allowed to later defend the foreclosure case. Do you agree with the Court's decision? Please let us know at [email protected] or www.yesnerlaw.com.