Legal Question in Real Estate Law in Florida

I am going through a divorce and will not be able to keep up payments on my house in florida or my house in california that is rented. If I stop making payments now do I still need to pay the property taxes?

I'm acive duty and just returned from deployments as well.


Asked on 12/17/10, 10:41 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

The taxes are a lien on the property that is superior to the mortgage. Paying taxes is inevitable, you will pay them now or, if you don't have the money now, you will pay them later. Your lender will generally pay property taxes to avoid the property from being sold at a sheriff's sale for taxes. Since you are on active duty, you get special time extentions on foreclosure actions (in Florida, since I'm not licensed in CA, I'm not giving you advice on the CA property). You need to have a real estate attorney in both states represent you in an effort to get a loan modification, a short sale agreement, or a deed in lieu of foreclosure. The sooner you do this, the better off you will be.

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Answered on 12/22/10, 11:59 am


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