Legal Question in Real Estate Law in Florida
Bank Mortgage
My husband recently passed away, We owe $260,000.00 on the mortgage. If the bank forecloses on me, are they allowed to take my IRA's,and other investments . I am 67 Years old. Thank you
1 Answer from Attorneys
Re: Bank Mortgage
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your IRA is safe from a creditor. Your other investments may not be, however. Any assets you have that are not protected may be attached or garnished by a judgment creditor to satisfy an outstanding judgment.
You should meet with an attorney and discuss your legal rights and obligations. Perhaps it may be time to sell your property to avoid foreclosure if you cannot afford the mortgage payments. Alternatively, there may be ways to protect other assets from the reach of creditors. Your attorney should be able to advise you on these matters.
Scott R. Jay, Esq.