Maite L. Diaz

Born and Raised in South Florida, Attorney Maite L. Diaz has been helping South Floridians regain financial stability via fresh start Chapter 7 and Chapter 13 reorganization bankruptcies for over 18 years. Our services have helped clients to save their homes from foreclosure, prevent repossessions, stop wage garnishments and harassing creditor calls. Our personalized one to one service can help you find the path back to success by helping you deal with your bad debt. We take pride in listening to our clients' needs and treating them with respect. Call today to schedule your free initial bankruptcy consultation. Hablamos Español.

Florida International University College of Law

J.D. | Law

2003 - 2006

Florida International University

B.S. | Social Studies Education

1996 - 2000

Florida State Bar  # 25880

Member

2006 - Current

Florida

Since 2006

• Free Consultation
  Free Initial Consultation for Bankruptcy and Foreclosure Defense Cases
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Q. Am I judgement proof for credit card debt if I own a home jointly with my son?

July 23, 2025

A: Are You Judgment Proof?

Yes, you are likely judgment proof.

“Judgment proof” means that even if a creditor sues you and wins a judgment, they won’t be able to collect because your income and assets are protected under the law.

Here’s why:

Your income is protected.

Social Security income and most pensions are exempt from creditor garnishment under federal and Florida law. This means that even if a creditor gets a judgment, they cannot take your Social Security or pension income, especially if it is directly deposited into a bank account and not comingled with non-exempt funds.

Your home is likely protected under Florida’s Homestead Exemption.

Florida has one of the most generous homestead protections in the country. If the home is your primary residence and you're listed on the title, it is exempt from forced sale by most creditors, including credit card companies—even if your son is on the mortgage.

Will Your Son Be Responsible for Your Credit Card Debt After You Pass Away?

No, your son will not be responsible for your credit card debt.

Credit card debt is unsecured individual debt. If your son is not a co-signer (which you confirmed), he has no legal obligation to pay it—either now or after your death.

However:

After your death, creditors can file claims against your probate estate, which includes any assets in your name alone. But if all your assets are jointly owned or pass outside of probate (like jointly held property or payable-on-death accounts), there may be nothing in the estate for creditors to collect.

Do You Need to File Bankruptcy?

Maybe not.

Because your income is protected and your son is not liable, you may not need to file bankruptcy unless:

You're being harassed by creditors,

You're receiving court summons or threats of lawsuits, or

You want peace of mind and a clean slate.

In some cases, seniors file a Chapter 7 bankruptcy to permanently discharge debts and stop all collection calls and potential lawsuits. Chapter 7 is fast and usually over in about 4 months. But in your case, it may not be necessary—you may already be effectively protected by law. ... Read More

Q. HOA fee increase and missed payments in Florida condo

June 6, 2025

A: If your father is behind on HOA (Homeowners Association) fees for his condo in a 55+ community in Florida, it's very important to act quickly to avoid serious consequences. Even though the building manager has only called you informally so far, Florida law allows HOAs to file a lien against the property for unpaid assessments—and eventually foreclose if the debt remains unpaid.

Consequences of unpaid HOA fees can include:

A lien placed on the condo.

Foreclosure action, even if the mortgage is current.

Additional late fees, interest, attorney’s fees, and collection costs being added to the balance.

Since your father has already missed four payments and is experiencing financial hardship, he should consider both short-term and long-term solutions.

Recommended Steps:

Contact the HOA immediately to request a payment plan or temporary hardship accommodation.

Request written documentation of the amount owed, any late fees, and whether a lien has already been recorded.

Avoid ignoring future notices—formal letters or notices of intent to lien or foreclose will usually follow shortly after multiple missed payments.

How Bankruptcy Can Help:

If your father is overwhelmed by his HOA debt or other obligations, Chapter 13 bankruptcy could provide a solution. Under Chapter 13:

He can stop a pending foreclosure immediately through the automatic stay.

He can repay the HOA arrears over 3 to 5 years through a court-supervised plan.

He can also address other debts (credit cards, medical bills, etc.) in one manageable monthly payment.

This option may allow your father to keep his condo while catching up on HOA fees and maintaining his housing stability.

Final Note:

Florida HOAs are aggressive in pursuing unpaid fees, so early legal advice is key. I recommend that your father speak with a Florida bankruptcy or real estate attorney right away to explore all available options and protect his home. ... Read More

Q. Is it legal for the HOA to block my account access due to unpaid assessments?

June 6, 2025

A: Yes, it is legal for an HOA to turn your account over for collections if you are in default. When that takes place, the property management company typically avoids speaking to you directly and refers you to the attorney handling the matter. It may be possible to work out a payment arrangement with the association via the attorney but remember, the association's attorney does not represent you and is legally required to act in the association's best interest, not yours. You might want to consult legal counsel of your own to help with the negotiations. If all else fails, Chapter 13 bankruptcy may be a way to prevent a possible HOA foreclosure action and divide the money you are behind into monthly payments over a period of up to 5 years. ... Read More