Posted on: 15th Sep, 2010 06:57 pm
My bank (Suntrust) is foreclosing on an investment property for the balance of $284K. The loan (signed 1/07)is a construction loan and the townhome was to be completed within 6-8 months. After 20 months I sued the builder for abandonment of construction. The case went into arbitration. The townhome was completed on 9/09 and in 10/09 I was told that I failed to prove that construction was delayed or abandonded (even though I provided a written statement from the builder stating that construction would be complete within 6-8 months, the inspection records from Hillborough county and the bank, and photos). In addition I lost the suit filed agaisnt me by the builder claiming that I was the reason for the delay in construction (which is totally bizarre). I made every payment on time and currently have a credit score of 760+. I have sought the advice of several foreclosure/backruptcy attorneys and they all have recomended chapter 13. I live in Florida and own a homestead property worth about what I currently owe (120K). I have been told that Suntrust can sue me in the future for the balance of the loan if I go through with foreclosure and won't be protected against a judgement (75K) from the opposing counsel. This judment by the way has yet to be filed. I will become the beneficiary of a trust in the amount of 300K within the next 5 years and am told that this would become the property of the bankrupty estate. What should I do? Everyone who has given me "advice" has their hand out for money. What are the chances that the bank will sue me for the balance of the loan if I go through with foreclosure? It has been 11 months since the judge decided the case. Is there a statue of limitations for filing a judgement? Any advice would be greatly appreciated. Thank you
Welcome markmeisner,
In case of a foreclosure, the lender does not forgive the deficient balance in Florida. Rather deficiency judgments are allowed there. So, the lender has the rights to come after you for the balance amount resulting from the sale of the property. As far as I know, in Florida, the SOL for collecting a judgment is 20 years.
In case of a foreclosure, the lender does not forgive the deficient balance in Florida. Rather deficiency judgments are allowed there. So, the lender has the rights to come after you for the balance amount resulting from the sale of the property. As far as I know, in Florida, the SOL for collecting a judgment is 20 years.
we are considering chapter 13 to dispose of 2 investment properties that are so far underwater they wont break even for 30 years - cram down option not affordable as we cannot pay off the 'current value' in 5 years - so what happens to those secured debts ? do they get added to our 100K in credit card debt in the 5 year repayment plan?
Hi Guest,
As you're filing Chapter 13, you'll get a repayment plan from your bankruptcy trustee in order to pay off the dues under the court supervision. This will help you in paying off your debts for the investment property.
Thanks
As you're filing Chapter 13, you'll get a repayment plan from your bankruptcy trustee in order to pay off the dues under the court supervision. This will help you in paying off your debts for the investment property.
Thanks