Legal Question in Real Estate Law in Florida

The initial issue is whether or not you obtained a money judgment against the borrower in his personal capacity. In many situations, a foreclosure judgement is not a money judgment against the borrower. If you did get a money judgment, you should be able to undertake collection activities against his assets and income. Whether or not a wage garnishment will be successful depends on a number of facts, including whether or not the party whose wages are to be garnished is a "head of household". Under Florida law, the wages of a head of household are exempt from garnishment unless there is a specific written waiver of that right, which is almost never the situation.

Robert Wilcox

(904) 281-0700

The situation as you said was you completed a foreclosure action against the personal who initially purchased the property from you i assume. In order to get a money judgment for the balance of the money owed by the borrower you must set a special hearing to have the court determine what amount is due. (it's the difference between the market value on the day of the foreclosure fail and the amount of money the borrower owes you) To prove the value of the property you or your attorney would need to hire an expert witness to testify as to the value of this property on the date of the foreclosure fail. This is a complex process as you can tell and if you need further information email me your phone number so we can set up a telephone conference to discuss this further.