Legal Question in Real Estate Law in Florida

Foreclosure

My home is in foreclosure. I have two lots and the home is on the back lot on the water. The front lot which starts approximately 6 ft from the front door, is owned outright. On the loan papers under legal description is only the house and lot which the house is sitting on. Mortgage company reps have said the one on contract is all they can get, but I want to be sure. Can they take it or go after me for payment by taking the lot? I live in Florida


Asked on 7/27/07, 1:50 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Foreclosure

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They can only sue for the one which secures the mortgage. Once the judgment is reached, however, the lender can have the sheriff levy on the second and sell it at auction to cover any deficit between the judgment amount and the amount realized when the foreclosed property is sold. Since the second parcel is not your homestead, you cannot protect it under the homestead laws. It becomes fair game to all creditors.

You should meet with an attorney to review your situation. They attorney can probably advise you of ways to safeguard the second property. Do it now before it is too late.

Scott R. Jay, Esq.

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Answered on 7/29/07, 2:03 pm


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