Legal Question in Real Estate Law in Florida

I'm forclosing on land in North carolina and live in Florida. Will the put a judgement on my property in Florida? If so, can I quick claim title my townhome to my brother but continue to pay the mortgage?

Asked on 3/22/11, 10:12 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

I assume you mean you are being foreclosed on. If they obtain a deficiency judgment they can try to levy on your real property in Florida by domesticating the NC judgment. However, Homestead Property is exempt in Florida. Merely changing title will create additional problems as your mortgage holder can then foreclose. In addition your attempt can be viewed as a fraudulent transfer to avoid a judgment and set aside.

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Answered on 3/23/11, 8:33 am

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