Legal Question in Real Estate Law in Florida

short sale/insolvency

We owe $240,000 on a home worth around $160,000 now. Ran up $46,000 credit trying to pay mortgage. Weekly income $1,100. Been advised to short sale but worried about tax and insolvency ramifications.


Asked on 10/21/07, 9:47 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: short sale/insolvency

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.

These are serious concerns. More importanly, many lenders will not agree to short sales as they have mortgage insurance in place that you were required to purchase on your loan which covers any deficiency if a foreclosure is filed.

You should meet with an attorney who can review all of the facts and provide you with specific legal advice regarding your rights and obligations.

Scott R. Jay, Esq.

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Answered on 10/23/07, 1:54 am


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