Legal Question in Credit and Debt Law in Florida

Foreclosure Penalties

I took out a mortgage loan for a preconstruction home in FL, which was an investment. The builder did not make his draw deadlines, and the bank defaulted on the loan. They told me I must pay 78,000 dllrs in full or face foreclosure. I don't have the money, so now my quesion is can they take $30,000 dollars I have from the sale of a house that I was living in and just sold? This money is supposed to go toward my new house, not an invest, but my house. Can I pursue a suit against the builder because he was aware of the timeline, and thought he could get an extension?


Asked on 8/04/07, 8:25 am

3 Answers from Attorneys

Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: Foreclosure Penalties

More information is needed in order to accurately answer this question. However, it is very possible you have a cause of action against the builder, and that you can protect your current home. Please contact an attorney to get the full facts fleshed out.

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Answered on 8/04/07, 9:37 am
David Slater David P. Slater, Esq.

Re: Foreclosure Penalties

without reading the documents, no one can give you an answer

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Answered on 8/04/07, 10:30 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Foreclosure Penalties

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First, you were the one who defaulted on the mortgage, not the lender. Your possible cause of action against the builder is because you wish to allege that the builder was the proximate cause of your being in default.

This would be governed by the terms of the agreement between you and the builder. You need to consult with an attorney who can review your agreement and advise you of your legal rights and obligations. The attorney will be able to tell you if you have any right or claim against the builder for the delays.

Scott R. Jay, Esq.

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Answered on 8/04/07, 3:56 pm


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