Legal Question in Real Estate Law in Florida
default on agreement for deed
I am in a agreement for deed. The owner did not file the agreement. He did not want to pay doc stamps. I have separated with my other half and cant pay all by myself without seller everything and that will only get us another month. If i break the agreement i know he would have to file the deed to foreclose, in which he already has the house. Is this pretty much a fore closer and he cant personally sue me for the whole amount of the house? Or can he sell the house and sue me for the full amount of the house. In which he will make double the money.
1 Answer from Attorneys
Re: default on agreement for deed
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While your question is rather confusing, I believe you want to know if the current owner can sell the house and also sue you for the full amount of the house. A court will not allow the other party to profit improperly such as this. If the house is sold, you would only be responsible for any deficiency in the amount received versus the amount you agreed to pay plus any attorney's fees and court costs incurred.
Scott R. Jay, Esq.