Legal Question in Real Estate Law in Florida

If you purchase a home before you get forclosed on can the old mortgage company attach itself to the new purchase?


Asked on 1/07/11, 8:19 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

The mortgage company that gave you a loan (and you failed to pay the loan) can go after you and any of your assets to satisfy a judgment. If you just "walked away" from a house with a mortgage, and the bank foreclosed, and sold the house at a loss, and it is likely that your mortgage was a "recourse" loan, meaning that if the value of the property doesn't satisfy the amount of the loan...then you are personally responsible for the difference. That lender can garnish your wages, attach your bank accounts and possibly attach your new real estate purchase as well. You need to hire a real estate attorney to avoid shooting yourself in the foot.

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Answered on 1/12/11, 9:02 am


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