Leesburg, FL asked in Foreclosure and Real Estate Law for Florida

Q: Can forclosure judgment take money straight from my bank account

I had a back injury and tried to get my home loan restructured and the bank refused..It was a predatory loan with HSBC..I let my home go into forclosure and got a judgement against me..It has been 4 years and they havent tried to collect and theres no collections on my credit report..I am getting back on my feet and am a realtor..If I get big commission checks can they take the money from my account? Not sure what would be my best option to resolve this matter. Thanks

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3 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: I suggest that you meet with a real estate attorney to over this situation in detail.

However, the foreclosing bank has one year from the date of the final judgment of the foreclosure to bring an action for a deficiency judgment. (Deficiency is the dollar amount difference between the final judgment and the fair market value of the property on the date of the foreclosure judgment).

Richard Paul Zaretsky agrees with this answer

1 user found this answer helpful

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: If they got a foreclosure judgment and the house was sold at auction and it has now been 4 years later, the lender cannot pursue you for the unpaid balance of the mortgage. This unpaid balance is called a deficiency and a "deficiency judgment" is need to be gotten from the court. The issue is that the lender had to file an action for a deficiency judgment within one year of the foreclosure sale's finalization (I am generalizing the law). They apparently did not and so there can be no money judgment against you on this matter.

1 user found this answer helpful

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Foreclosure Defense Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: If there is a foreclosure judgment against you, that is not a money judgment, that is a judgment for possession of you home. As Attorney Williamson stated, there is a one year statute of limitations for collection of any money determined to be owed following the foreclosure, so it does not appear that you have to worry about having any money judgment entered against you relative to your foreclosure case. Best of Luck to you!

1 user found this answer helpful

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