Legal Question in Real Estate Law in Florida
Hello- I have a question regarding real estate law. If I'm a homeowner, and my property is in default, and I get a cash offer to sell, what would happen if I reneg on my mortgage lender?... Basically, take the money and leave... Thanks, Jim
2 Answers from Attorneys
You cannot convey the property with a warranty deed to your buyer because it is encumbered by a mortgage. You cannot give that which you do not own, and the mortgagee (bank) has a lien on the property.
You should try for short sale from the mortgagee/lender if you are in a hardship which prevents you from making payments and you have a buyer who will pay suitable market value of the property.
I suggest you get an attorney to help you prior to the commencement of legal procedings. You have many options and can look at foreclosure defense, short sale, loan modification, and bankruptcy (in combination or separately). I am doing this day in and day out, and I offer a free consultation if you want to take advantage of that.
You cannot because you have nothing to convey at the property sale. You don't own the house; your bank does.