Legal Question in Civil Litigation in Florida

judgement award

My wife and her business are being sued. Our home's deed is in both our names, but the mortgage is in my name alone. If she should lose the case, could the plaintiff take our home? The case is being tried in FL, but we live in NY.


Asked on 1/09/09, 6:10 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: judgement award

The home would be subject to a judgment lien.

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Answered on 1/10/09, 11:49 am
Thomas Rosenblum Rosenblum Law Offices

Re: judgement award

Hello: I just read your question. It is difficult to provide answers to all the issues raised as I need more info. Such as, you state you live in New York...is the home you are concerned about up there or some property down here? If it's up there, I'm not knowledgeable of your laws. However, in Fla., pursuant to our Const., a judgment could only be a lien on real property, the creditor could not force a sale unless it was a debt for a mtg. or for services performed on the property.

You state she is being sued along with her business. Are they properly suing your wife as an individual? Did she personally guarantee some debts? If not...and it's only the business, could she dissolve the business if it is a corp.

I don't know what these debts are for or whether they can win in a law suit, but she has some options in this situation. If you think Plaintiff could win at a trial, you may want to try and settle with them for less than the amount owed. You may not want to think about this, but if she is individually liable, she could file bankruptcy and wipe them out.

Again, I can't give much specific advice without knowing more facts or being hired, but I hope this helps some. Good luck. Tom Rosenbum

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Answered on 1/14/09, 5:02 pm


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