Legal Question in Real Estate Law in Florida

Foreclosure

If an owner of a home allows a foreclosure process to run its full course, are there legal issues that the foreclosed homeowner will have to deal with later?

Thank you


Asked on 4/20/06, 11:14 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Foreclosure

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am not sure that I understand your question, but if I take the question from the standpoint of you being the defendant, then you have several important issues to deal with.

First, if there is a deficiency after the foreclosure sale, then you may be responsible to pay that amount to the lender. Second, the issue of the foreclosure will show on your credit report and will severely affect your credit rating and ability to obtain credit or loans in the future. Last, you will have to deal with the hassle of finding another residence if you live within the foreclosed property.

You might wish to try and work out an agreement with the lender to tender a deed in lieu of foreclosure or to sell the property to someone in order to pay the loan rather than have the negative consequences listed above.

I strongly suggest that you meet with an attorney who is knowledgable about real estate and foreclosure law to discuss the specifics of your problem.

Scott R. Jay, Esq.

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Answered on 4/20/06, 6:58 pm


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