Facing unexpected financial hardship, is it better to pay mortgage OR credit cards? I can't afford to pay both.

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My husband became a drug addict and completely abandoned my son and I to fend for ourselves.He has no job and gives me no financial support at all.We are in the process of a divorce.I am now a single working mom who cannot afford all of my bills which include a large mortgage and a lot of credit card debt.I have sold all of my belongings including our furniture in order to keep up with the bills, but have nothing left to sell.We have nothing.If I had to choose which bills to pay because I can't pay both,should it be the mortgage or the credit cards.I don't want to do this but I am out of options.I haven't missed any payments yet, but it will happen very soon.Should I let my house get foreclosed or claim bancruptcy for the cards instead.House has been for sale for a while,no luck yet.Help.

Attorney Answers

3
Dorothy Bunce ·
See my answer to your more recent posting. You need to take an objective look at your financial situation & it may be necessary to say goodbye to both the credit cards & the house so you can have a fresh start. Pre-bankruptcy credit counselling available online from numerous providers is a good way to make this decision. It is possible to recover from Bankruptcy within a few years provided you take the steps to rebuild your credit. Good luck!
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Michael Schwartz ·
Based on what you have stated I do not think it will make much difference which you pay BUT you may need to continue making the mortgageg payments to qualify for bankruptcy under the infamous means test. You Need to meet with a lawyer ASAP. You live in Orange County; your bankruptcy court is Poughkeepsie, I handle cases in Orange County. Feel free to call to set up an appointment. We can do it over the phone in some cases.
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Theodore Araujo ·
Pay the mortgage...file bankruptcy to get rid of the credit cards. You may be sued eventuaally by the credit cards but that is easy to handle. The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.” PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something! Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is… When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Check out the guide I have drafted on the profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read! Good Luck! REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable. Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
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