Legal Question in Real Estate Law in Florida

Real Estate foreclure in Florida

If I forclose on a 2nd home in Florida what will be the effect on my Primary residence in NJ?

My current credit rating is very good,

I simply can not sell the home in Florida and continue to carry the property at $36k per year. Renting will generate approximately $15k per year.


Asked on 6/26/07, 12:42 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real Estate foreclure in Florida

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.

Unless a Florida attorney is also licensed in New Jersey, he or she is unable to answer this question as it would be governed by New Jersey law. New Jersey may have similar protection for your home if it is your homestead as Florida does, but I cannot say this with any certainty.

You may wish to request giving the bank a deed in lieu of foreclosure if they will accept one. You should engage an attorney to discuss this subject with the bank if you are unsuccessful or feel uncomfortable in this situation.

Scott R. Jay, Esq.

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Answered on 6/26/07, 11:06 pm
David Slater David P. Slater, Esq.

Re: Real Estate foreclure in Florida

Once they foreclose, they will enter a judgment against you for the money owed. When they sell, you will get the credit. They can then domesticate the judgment in NJ and pursue collection their for any $ still owed.

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Answered on 6/26/07, 1:01 pm


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