Legal Question in Real Estate Law in California

Re: Default on mortgage

The answer will probably depend upon California law, since that's where the default occurred and the foreclosure proceedings will take place in Florida. The primary issue will probably be whether Florida law allows a deficiency judgment under the particular circumstances of the loan and the foreclosure process used by the lender.

In California, it is often tough or impossible for a lender to get a judgment for the deficiency resulting from a foreclosure that doesn't pay off the liens secured by the property and costs of foreclosure. I have heard that California's anti-deficiency laws are tougher than in most other states.

If the lender gets a deficiency judgment in Florida, it can be enforced here in California, even if such a judgment couldn't be obtained here in the same or similar circomstances, because each state gives full credence and respect to the laws of each other state under the principle of "comity."

You'll need to get an answer from a Florida lawyer.