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If needed to walk away in Florida

Discussion in 'Deed in Lieu of Foreclosure - Do You Need Help to ' started by melinfla, Aug 19, 2008.

  1. melinfla

    melinfla LoanSafe Member

    Is Florida a state they can come after you after a foreclosure or not?
    And I did read where Moe said most likely with all the foreclosures on the plates of the banks they most likely won't go after everyone. Just wondering if they can.
  2. Dan Bailey

    Dan Bailey Senior Member

    Hope this helps mel,

    List of Non-Recourse Mortgage States and Anti-Deficiency Statutes
    In a non-recourse mortgage state, borrowers are not held personally liable for more than the home’s value at the time that the loan is repaid. The lender may recoup some of its loss through foreclosure. However, the lender may not sue the borrower for additional funds. If the foreclosure sale does not generate enough money to satisfy the loan, the lender must accept the loss.

    Each non-recourse state has its own anti-deficiency statutes that prohibit lenders from seeking judgments. In a few cases, anti-deficiency statues do allow lenders to collect a limited amount of money from the borrower (such as the difference between the debt and the fair market value of the property).
    Note that in some states (such as California) non-recourse laws apply only to “purchase money” loans (i.e. original home loans that are used to purchase property). Almost all HELOCs and home equity loans are considered recourse loans and lenders for these loans may sue borrowers to recoup loss. (Except in some cases where the second mortgage lender forces the foreclosure. See: HELOC Foreclosures). There has been some speculation that mortgage refinances do not constitute “purchase money” loans. However, there have been no cases to determine this issue one way or the other.

    Anti-Deficiency / Non-Recourse States
    North Carolina
    North Dakota

    One Action States
    In some states, lenders are only permitted a single lawsuit to collect mortgage debt. This plays out differently depending on the state’s laws. In New York, for example, a lender must choose between the actions of foreclosing on the property or suing to collect the debt. The following states have some type of one action statute:

    New York
  3. ARM Guy

    ARM Guy LoanSafe Member

    I believe Florida is a recourse State.

    I have not personally consulted an atty., however I have found other blogs by FL atty's specializing in foreclosures.

    I am also reading that deficiency judgments are becoming much more common. In the past, real estate appreciated and deficiencies were less common in foreclosure. Apparently, deficiency has now become so common, a cottage industry is developing to buy the deficiencies for $0.10 to $0.15 on the dollar, much like the credit card companies have done for years. If the lender is short on the loan for say $100,000 he can then instantly sell the deficiency judgment to a credit collector for $10,000 to $15,000. The lender reduces his loss and the collector will then hound you till the end of your life or until you settle or file bankruptcy.

    I don't think walking away is viable option if FL. I would love to find out I'm wrong about this or that there is some kind of loop hole for say homesteaded properties.
  4. melinfla

    melinfla LoanSafe Member

  5. ProfessorShays

    ProfessorShays LoanSafe Member

    It simply amazes me how State laws are so different. If you are going to buy real estate, and are concerned about potential personal liability in the event the market goes South, better to buy in CA and pass on FL.


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