January 31, 2019

A guide to understanding deficiency judgments in Florida and how to avoid one.

Did you know that if your Florida home forecloses, the lender can be granted a deficiency judgement and pursue you for their losses​?

What is a Florida deficiency judgement?

If you owed $​400,000 on your Florida mortgage, and it foreclosed and sold for $350,000…the missing $50,000 would be the deficiency. Florida laws allow the lender a year to sue for a deficiency judgement​.

If you are facing foreclosure in Florida, your best bet to avoid a deficiency judgment is with a short sale.

​A short sale allows you an opportunity to negotiate how the loan is settled and to ideally get this deficiency balance ​waived.

​Short sale approval letters specifically spell w​hether or not the deficiency is being waived, or whether retains their right pursue the deficiency. 

​Carefully review your short sale approval ​letter, and  if the terms are not to your approval, you ​may renegotiate​.

As your short sale agent, I always seek to have the short sale approved at terms most beneficial to you - which would be to settle the account in full and have the deficiency balance forgiven.


​There are some very rare situations in which the lender(s) will not waive their right to pursue a deficiency and then it will be your decision whether to ​proceed with the short sale or not.

A short sale negotiated by an experienced agent is your best chance of settling your Florida mortgage debt on your terms, preventing a foreclosure and having the deficiency balance forgiven.

I can't recommend Minna enough for a short sale! She eased my mind during the entire process and followed through 100% from day 1 to the closing. She and Jaime handled everything flawlessly. I am so grateful to Minna and Jaime for all that they did to help us through this process.

Casey

Last Updated on January 14, 2021 by Minna Reid

Minna Reid

Minna Reid is a Broker Associate at Killebrew & Company Realty Inc, serving Jacksonville, Florida.

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