Legal Question in Real Estate Law in Florida

Property Foreclosure

I have just been served with foreclosure papers. I do not wish to keep the house. If I don't file an answer, will the bank foreclose and then sue me for any difference in what the home brings at auction and the amount I owe? And also, all of my income is disability. My wife is working and gets some money from that. Can the bank attach any of mine or my wifes income as a result of the foreclosure actions? If so, do you suggest I obtain representation?


Asked on 10/12/06, 10:51 am

2 Answers from Attorneys
Stephen Berlinsky The Berlinsky Law Firm, PA

Re: Property Foreclosure

Generally in Florida mortgage holders do not seek a deficiency judgment following completion of a foreclosure. They have the right to do get a deficiency, only if the house on the date of the foreclosure sale has a market value less than the foreclosure judgment amount.

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Answered on 10/12/06, 11:06 am
Robert Roemer Robert Roemer

Re: Property Foreclosure

I read the earlier reply which i agree with in part but I would suggest you retain an attorney. It might be possible(using an attorney) to get time from the lender to sell the property which would be in you better interest financially. If you want to discuss how this could work call me at my office or send me an e-mail to advise me how to reach you by phone.I have been involved in this type of legal problem for clients for the last 20 years.

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Answered on 10/12/06, 1:42 pm


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