Call a St. Petersburg Foreclosure Attorney for Experienced Guidance
When a person allows a lender or bank to foreclose on his or her home in order to settle a debt, there sometimes is an amount of debt left over that the foreclosure did not satisfy. When the foreclosure process is complete and the home that the bank has taken back has not fully settled the debt, the bank or lender will pursue a deficiency judgment. A deficiency judgment is just as it sounds. A lender will file a suit against the borrower if the amount of the loan repaid was insufficient or not the full amount as signed on the promissory note.
When a lender pursues a deficiency judgment, he or she can also use this to put a lien on the borrower’s other properties, such as a vacation home or vehicle, to help repay the difference. It essentially gives the lender the legal right to collect the remainder of the debt.
If you have been notified of a deficiency judgment from your lender or you are in the early steps of foreclosure and wish to avoid a deficiency judgment, please do not wait another minute longer to call a foreclosure defense attorney from LeavenLaw.
What to Know about Florida Deficiency Judgments
In Florida, foreclosures are judicial, which means that a lender has to obtain one by going through state court. In other states, the lender does not have to go through a court and can simply obtain a foreclosure.
Learn more about Florida and deficiency judgments:
- Florida allows deficiency judgments: If the borrower was personally served with a foreclosure complaint, deficiency judgments may be obtained by the lender. The lender also has the option to file a separate lawsuit for deficiency, unless the court says otherwise.
- The deficiency judgment amount is determined by the judge: While there is some flexibility in the deficiency amount, it cannot typically exceed the difference between the judgment amount and fair market value (in regards to the date of sale).
- Requesting a deficiency judgment has a time limit: A lender only has one year to seek a deficiency judgment for a residential property with a maximum of four dwelling units.
Call LeavenLaw for a Free Consultation Today!
At our office, we are extensively knowledgeable with all bankruptcy and foreclosure legal matters as it will relate to your case. We have assisted dozens of clients with their foreclosure defense and bankruptcy needs, including Chapter 7 and Chapter 13 bankruptcy. It is important to speak with your legal representation immediately after being notified of foreclosure, because you will only have 20 days to respond. With a quick response, you and your Florida foreclosure defense attorney can stretch the foreclosure process possibly over a year, giving you the time you need to get together or begin to repay any necessary expenses.
If you wish to learn more about deficiency judgments and how our firm can help you fight during foreclosure, please call us today. We offer a complementary case evaluation for all future clients throughout St. Petersburg and the rest of Florida. All consultations are held in confidence and can provide you with the information you need to find a favorable outcome in your case.