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?
3 Answers from Attorneys
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.
Re: Foreclosure Penalties
without reading the documents, no one can give you an answer
Re: Foreclosure Penalties
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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.