If I foreclose on my condo in FL, will it affect my other loan status with my home in GA??

When I was single I bought a condo in FL but had to move out of state and rent it out. Since then, I have married, purchased a new home in GA and the value of my property in FL went down DRASTICALLY. Dropped from $200K to $40K. I have decided to stop paying because I cannot afford it anymore. I am also currently unemployed but we are handling our GA home loan just fine-we're comfortable. So I'm deciding to walk away from the FL loan. Will this affect my GA loan status? And will it affect my husband's credit???
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Answers (1)

Daniel Scott Wright

Daniel Scott Wright

Contributor Level 4
I am afraid the answer is "it depends." It depends on what your Florida lender decides to do. The lender on your property in Florida may simply foreclose on the property and take it in satisfaction of the debt; however, depending on Florida law, a lender can in addition "confirm" the sale by auction-- that is, confirm that the foreclosure sale of the property (usually right back to an affiliate of the bank) is for a price that is market value. If the bank does that, and that "confirmed" amount is less than the amount remaining owed on your loan, the bank has a claim against you personally for the difference. Again, this is very state-specific; but this is (in a nutshell) how it would work in Georgia.

If your lender receives a judgment against you personally in Florida and domesticates it in Georgia, that lender can file a judgment lien against your current property. The filing of a judgment lien is very likely violative of your loan agreement with your lender in Georgia and could place you in default.

Finally, any trouble with your lender in Georgia will likely affect your husband's credit, assuming that your loan in Georgia was joint with him.

Will all of this happen? It depends on your Florida's lender's policies and procedures, and state law in Florida in general. One thing is fairly certain though: your credit is likely to be very badly tarnished.

Good luck!

Disclaimer: This is not legal advice; I have made a number of assumptions about your situation and do not know enough details to render any legal opinion, nor intend to render one. In addition, we have no attorney-client relationship.
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