Adverse Possession - State of Florida

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kc

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PostPosted: Sat Dec 20, 2008 7:20 am    Post subject: mortgage on vacation home

My father and I are both on the mortgage, we are on the deed as well as my sister and brother. My question is, when my father dies and I'm left with the mortgage will my other property in CT be at risk if I walk away from the florida property. Also, can anyone on the deed be at risk of losing their other assets??
Icon Mini Profile smithsussane
smith.sussane



Joined: 18 Sep 2008

Posts: 3738
Location: Alaska
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PostPosted: Sun Dec 21, 2008 11:02 pm    Post subject:

Hi kc!

Welcome to forums!

If you walk away from the property and do not pay the mortgage dues, then the property will go into foreclosure. This will badly ruin your credit. In case, if you are unable to pay the deficient amount resulting from the foreclosure sale, the lender will have the right to place a lien on the property at CT.

If the property is foreclosed upon, then the lender will sell off the property. In that case, your brother and sister will lose the property.

Feel free to ask if you have further queries.

Sussane
Bob Young

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PostPosted: Mon Jun 29, 2009 8:25 am    Post subject: Mortgage Foreclosure

My mother passed some time ago and I was left with her home in Broward County Florida. I had no intension of living there and so was luck enough to find a renter. This income is sufficient to pay of the mortgage I was forced to take out on the home to pay my mothers debts. Now, the renter isn't paying her rent and I think she moved out on her lease ( I live about 200 miles from the home). I do not have the funds to pay the mortgage, if I let BOA foreclose the home and they sell is for less than the owed amount "Will I be responsible for the unpaid balance?".
bruce123

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PostPosted: Sun Oct 04, 2009 4:28 pm    Post subject: fl law

can a married spouse buy a house in fl without thier partners conscent
Icon Mini Profile savior70




Joined: 25 Mar 2009

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Location: Florida
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PostPosted: Mon Oct 05, 2009 3:37 am    Post subject:

To Bob,

Are you on the loan to the property? If your deceased mother is the only person on the mortgage promissory note, you cannot be held responsible for the default. Thus, if you let the property go into foreclosure and there's a deficiency from the foreclosure sale of the house, the lender cannot come after you to recover the deficient amount.

To Bruce,

As far as I'm aware of, Florida is not a community property state. Thus, both the spouses cannot have an equal undivided interest in the property, unless both of them are on the title. However, Florida divorce laws use equitable distribution to divide properties among spouses. As per the equitable distribution, what percentage of the property each spouse gets depends on his/her financial situation. Thus, I think you always have the right to purchase your own house as your separate property. As long as you're not in a community property state and you have the property solely in your name, your spouse cannot claim any interest in the property. However, it's always good to consult an attorney before making the purchase.
down and out

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PostPosted: Fri Oct 16, 2009 3:30 pm    Post subject: squatters law

can i move into an abandon home that is in foreclosure with old owners permission and live there till bank takes over?
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