Legal Question in Real Estate Law in Florida

I signed an agreement for deed with the verbal stipulation that the home I live in now has to be sold before I can move into the new home I just purchased (the seller owns both homes, this was signed about 4 months ago). I have held up to my end of the bargain by making necessary improvements (painting, replacing lighting fixtures,making improvements, etc) to the home I am in now as well as moving out almost all of my belongings to 'stage the home' for sale and listing and showing the home. The seller has scared away 2 buyers with pressuring them into a sale and left me stuck in the 'for sale' home. The seller has now stopped making payments on the original mortgage on the house I have the agreement for deed on. Am I liable in the foreclosure process as a defendant? The seller has renters in 'my' house at this time and has made a big deal about the foreclosure not going against me or my credit, yet is leaving me stranded in a home I don't own or want. What are my rights and moreso-am I liable for the mortgage that is in foreclosure? The Agreement for Deed has been signed, notarized, and filed (I also paid doc and deed stamps) at the local courthouse. Help!


Asked on 5/05/10, 1:21 pm

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

It is difficult to answer your questions without more information and a review of your agreement. If you are just a tenant in the home that is for sale and going into foreclosure, then you are not liable for the mortgage in the foreclosure proceedings. You are only liable if the mortgage is in your name. The mortgage is a lien against the property to secure repayment of the note. You mention an agreement for deed and then a "verbal stipulation." If this is a stipulation that was not part of the written agreement or any other signed writing, it may not be enforceable. You should consult with a real estate attorney. Regards,

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Answered on 5/12/10, 10:06 am


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