Title was in both of our names. Mortgage was in my husband's name. Property foreclosed February 2012 and we were wondering when would be best for us to buy a new home. Are there any repercussions if we buy now? Should we wait and buy later?
This is not an issue that has anything to do with the State of Florida, other than as to a potential deficiency judgment. Make sure that title to the new house is in both names and that you immediately make the new house your homestead. If it is your homestead, a deficiency judgment cannot be satisfied against homestead. As to the rest of your question, whether you can get a new mortgage depends on whether a lender will give you the money or not. That is not a state-specific issue.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
You can always purchase a property for cash, that is, assuming that you have enough saved to purchase a home. It is unlikely that your husband will qualify for conventional financing since your foreclosure was completed just over a year ago. Since you were not on the note, the foreclosure should not have been reported on your credit report. Thus, if you have sufficient income and otherwise good credit, you may be able to qualify for conventional financing.
This information is being provided for informational purposes only and is not to be taken as legal advice or to establish an attorney-client relationship. For more information on the experience of our attorneys and the services of our Firm, please visit our website at www.foreclosurelawyersarasotafl.com.
Florida does not have anything to do with the question. However, there will be some difficulty for your husband to obtain a mortgage. There are other options though as well. This is something you need to discuss with a real estate attorney, such as myself, before pursuing. You also need to be sure of whether or not everything has been absolutely resolved with the foreclosure and that there are no lingering issues that could hinder the mortgage process.
Singh Law, P.A.
Ft. Lauderdale - Miami - West Palm Beach
Free Consultations Available
DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.