Legal Question in Real Estate Law in Florida

Florida Mortgage

I have 2 houses in Hernando County that I bought as pre-construction investments. Both have contruction to perm mortgages from National City Mortgage. Both houses are now virtually complete but are worth considerably less than the mortgage and rent would leave a shortfall of about $900 per month per property. What are my options? I would like to keep my credit intact and prefer not to walk away but might be forced to. Is there any possibility that the bank will re-negotiate terms before mortgage converts to perm? If I negotiate a short-sale what happens? If I walk away and let them foreclose can they pursue me with a deficiency judgement?


Asked on 8/16/07, 2:08 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Florida Mortgage

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.

You should approach your lender - and others, in an attempt to renegotiate your loan terms. Unfortunately, any loss in value will be your problem and you might not be able to get a loan to cover the full amount you seek.

Although you may have some options, they are probably not very good at this time. Rates are fairly low at this point, and the refinancing may be best due to recent drops in interest rates.

Short sales are not being looked at very favorably by lenders today as they too are caught in a financial crunch. If you walk away and the lender forecloses, you will be faced with negative credit and most likely a substantial deficiency judgment.

Scott R. Jay, Esq.

Read more
Answered on 8/18/07, 5:51 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Florida Mortgage

You have alot of options, and should only consider a short sale as a last resort. Our Law Firm can give you fare MORE viable options to remedy your current situation. Contact us directly for a free consultation.

Read more
Answered on 8/16/07, 3:24 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Florida Mortgage

You need to go to your bank ASAP and re-negotiate.

They will come after you if you allow foreclosure, and you will have a deficiency judgment (or two) plus courts costs, penalties, interest, attorney fees, etc.

E-mail or call, if you need more.

Good luck!

Read more
Answered on 8/16/07, 3:47 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida