Legal Question in Real Estate Law in Florida

My husband and I are going to be short selling our home, can the bank put a lein on our property for the difference of the short sale? Also we have a second on the property what will happen to that?


Asked on 1/18/10, 12:57 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

The bank could theoretically put a lien on your property for the amount you owe minus the amount the bank gets for the house. The second mortgage gets paid when the house sells. It gets paid after the first mortgage is fully paid. If there isn't enough money in the sale to pay it, the second mortgage deficiency could also be placed as a lien on your other property. It doesn't often happen, and in certain cases the appellate courts have said its improper, but you've have to speak to a mortgage foreclosure defense attorney to learn more about what might happen in your particular case.

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Answered on 1/23/10, 1:28 pm


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