Legal Question in Real Estate Law in Florida

Deficiency Judgement

My husband and I had two properties that foreclosed in the State of Florida in 2001. We now reside in KY. How do you determine if there was a deficiency judgement after sale of the properties. Is a deficiency judgement a separate court order issued after sale? Does the mortgagee file it with the court for the balance owed? We never received any further documentation from the court after the Judgement for Foreclosure was received. Finally, is there a time limit on file deficiency judgements?

THANKS


Asked on 7/09/03, 2:09 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Deficiency Judgement

Generally it is automatic. The court that issued the order for a sale would have all the info.

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Answered on 7/09/03, 2:37 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: Deficiency Judgement

The clerk of the Court would have that information. The rules are somewhat different from state to state, but generally the plaintiff usually has to move for a deficiency to show the accounting and to establish a final amount of the unsecured judgment. Usually judgments have a long life and in most states are subject to renewal. In Kentucky, the holder of a judgment can file a notice in the County Clerk's office and while not officially a "lien", it will interfere with things.

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Answered on 7/09/03, 5:33 pm


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