Legal Question in Real Estate Law in Florida

FL foreclosure question

What is the name of your state (only U.S. law)? Florida

this is a 3 part question.

Part1: I bought my home in FL while I was single. I am now married ( married in the state in NJ) where I live now. My house is in F/C and we have never been served papers but both my wife and i were served seperately today with A Notice of Hearing for Summary Final Judgement and awarding of attorney's fees. Mynew wife in not on either the MTG or the deed. Can they come after her for any money or place a lien on her credit?

Part 2: I spoke to the attorney handling the case and they said that they are only seeking the real property, not the deficiency balance. ( I have a 1st and 2nd mtg by the way). Should I just trust what she is saying and not be concerned with the potential deficiency balance amount?

Part 3: Can I request at this point a deed in Lieu vs F/C with the attorney or is it too late in the process?

Thanks


Asked on 2/23/09, 8:21 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: FL foreclosure question

1) No. 2) If it were me, I'd be suspicious, but it is true that very few foreclosure attorneys are going after money. They are almost all just going after the house. 3) It's never too late so long as the house hasn't sold at auction.

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Answered on 2/23/09, 10:21 pm
David Slater David P. Slater, Esq.

Re: FL foreclosure question

1. no

2. yes

3. yes

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Answered on 2/23/09, 11:04 pm


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