Legal Question in Real Estate Law in Florida

Sue the Mortage Company

My Daughter and Son-In-Law got a mortage loan on their home, however they could not pay the mortage payment based on their income....More....

They are currently in the process of foreclosure. Based on their combined salary, can they sue the Mortage company for lending them more money than they can affored to pay each month?


Asked on 6/11/07, 10:44 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Sue the Mortage Company

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No. I do not think you have grounds against the lender. Some lawyers have purused this line of reasoning in other states, but I have not see such a case in Florida yet.

You daughter and son-in-law went into the loan with open eyes. Are you suggesting that they should not be held accountable for what they did but rather the bank should? They agreed to make monthly payment to the bank and apparently defaulted. That was their doing. Under the current state of Florida law, I think that they would be held responsible.

Scott R. Jay, Esq.

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Answered on 6/20/07, 1:42 am


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