Can a lender sieze out of state property in a deficiency judgment?

Asked about 4 years ago - Fort Walton Beach, FL

If a deficiency judgment is filed due to a foreclosure of my primary residence (Florida), can they sieze a 2nd home in Missouri?

Attorney answers (3)

  1. Joshua Adam Cossey

    Contributor Level 11

    Answered . If your second home is owned by only the party by which they are seeking the deficiency, then your 2nd home becomes a non-exempt asset. The only issue that may complicate their efforts, is if they are not the first position loan or if someone else owned an interest with you. In short, they can seize a portion of your estate (including second home) that will cure the judgment.

  2. Barbara Mendell Brown

    Contributor Level 10

    Answered . The Florida judgment would have to be certified and filed and recording in the other state. At which time the judgment would attach to any of the property that is owned by the person for whom the judgment is against.

    The question would be a cost benefit analysis for the judgment creditor to determine if it is worth moving against the second property,i.e. is there equity in the property to satisfy the judgment.

    I do not think the property would be "seized", a judgment may be filed against it but unless it is unencumbered, what would the judgment creditor get? A property with no equity and potentially encumbered with a loan that is more than the present value of the property.

    Advice: seek the advice of a qualified real estate lawyer and discuss the picture in it's entirely. There are too many questions regarding the property to fully answer the question. Good luck.

  3. Thomas H Gimer

    Contributor Level 13

    Answered . If the lender properly files the foreign judgment in MO, it COULD attach to your property. You may find the following legal guide helpful:

    http://www.avvo.com/legal-guides/ugc/short-sale...

    NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only under the AVVO terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel.

    REQUEST: Please give this answer a "thumbs up" if you find it valuable.

    Tom Gimer, Esq. -- licensed in DC and MD -- 202.556.4LAW (4529)

    http://gimerlaw.com

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