Legal Question in Credit and Debt Law in Florida

I have a house built 2003 Florida 5yrs left on mortgage.

If I default on the new mortgage for the house in California can my house in Florida be in jeopardy?


Asked on 9/16/14, 3:31 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

If they obtain a money judgment against you in CA, they can domesticate the judgment in Florida and pursue collection. Your Florida is an exempt asset if it qualifies as Homestead.

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Answered on 9/16/14, 5:20 am
William Gwaltney William W. Gwaltney, Attorneys at Law

In Florida Homestead property is exempt from creditor claims, except for liens related to the property itself and the IRS. The Homestead protection is a Constitutional right in Florida and is not dependent upon the homeowner "claiming" homestead on their property taxes.

If a judgment is entered against you in Florida (even one domesticated in another state), a lien can appear on any real property you own (although it has to be recorded in the county where the property is located). If this happens and a lien appears on your homestead property you can not be forced into foreclosure for that judgment. In the event you sell the home in the future there are ways to avoid paying off the judgment with the proceeds from the sale of the home, but you would need to discuss these options with an experienced attorney. the procedure is called a "Determination of Homestead" and it is a temporary Order by the court, so you would need to do that close in time to the sale of the home.

Depending on your overall debt situation you may want to consider bankruptcy. Your Florida Homestead would also be protected in a bankruptcy filing.

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Answered on 9/16/14, 11:37 am


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