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Deficiency Judgments

You may believe that when a bank forecloses on your home, your legal ordeal is over and you can simply walk away and start the process of rebuilding your finances. Unfortunately, Florida is one of several states that allow something called a deficiency judgment. A deficiency judgment lets a bank come after you to obtain money to cover any outstanding money due that is above and beyond what they collected from a foreclosure sale.

Deficiency judgments can have a major adverse impact on your finances as you will not only have a judgment on your public record, but you will also be expected to pay a significant sum of money to the bank.

At the Law Offices of Evan M. Rosen, our Florida foreclosure defense lawyers represent clients facing foreclosure. When a client wants, we help seek alternatives to avoid deficiency judgments and have had much success in our approach. If you have already had your home foreclosed on, we also have experience fighting deficiency judgments.

No matter what stage of the foreclosure process you are in or whether you already have a judgment against you, our aim is to put your needs first and help you to resolve your case with the bank once and for all. Our firm philosophy is, above all, is to treat you like we woudl want to be treated and to treat your case as if it was our own. 

You are welcome to read more about deficiency judgments below or you can contact us now for a FREE CONSULTATION by calling 855-55-ROSEN or by filling out our online form.

Understanding Deficiency Judgments

States are divided into “recourse” states and “non-recourse” states. Florida is a recourse state, which means that a mortgage lender has the option to take legal action if the money obtained in a foreclosure is not enough to pay all money owed. For example, let's say a bank obtains a foreclosure judgment which indicates they are owed $100,000. But, at the time of the foreclosure sale, the property is only worth $80,000. The holder of that judgment can sue you for $20,000, plus the costs of foreclosing. 

The time in which a bank can pursue you for a deficiency is not clear and is something you should discuss with a competent attorney. Most banks will pursue these judgments immediately as part of the foreclosure action but it is also possible for banks to file separate lawsuits with the court seeking a money judgment for the amount of the deficiency.

If the bank obtains judgment, that can stay on your public record for up to 20 years. During this time, you may not qualify for certain jobs which require a clear financial background. It can also make it more difficult, if not impossible, to get credit at a good rate, especially in the years after the judgment happened.

In addition to having the judgment on your record, debt collectors will come after you for payment. If you do not pay, then additional legal action might be taken including, in some cases, garnishment of your wages and/or loss of possession of your personal property pursuant to a writ of execution and levy.

What to do About Deficiency Judgments

Whenever possible, it is a wise choice to take steps to prevent deficiency judgments before your foreclosure action is final. At the Law Offices of Evan M. Rosen, our foreclosure defense attorneys will help you to explore alternatives such as obtaining a waiver of deficiency as part of a deed-in-lieu of foreclosure, consent judgment or a short sale. Not only can these resolutions help you to avoid a deficiency judgment, but they may also be better for your credit and you could walk away with cash through various incentive programs intended to encourage people to pursue foreclosure alternatives.

If you have already had your home foreclosed on and the bank is pursuing a deficiency judgment, the Law Offices of Evan M. Rosen can represent you in that court action. There are defenses pertaining to the valuation of the property at the time of sale, standing and more which we have used to help defeat deficiency claims. We have even filed suit in federal court against entities that attempt to seek the wrong amount of deficiency.

Contact Our Florida Foreclosure Defense Attorneys Today

No matter what your situation, we will listen to you, review your case and do all we can to treat you the way we would want to be treated. Contact us today at 855-55-ROSEN or through our online form to schedule a FREE CONSULTATION to learn more.

Let the lawyers and staff of the Law Offices of Evan M. Rosen serve you!

More Information on Foreclosures in Florida
Client Reviews
★★★★★
Mr. Rosen was recommended to us by our friends and we highly recommend him for his excellent service. He represented us in the matter of foreclosure defense. His comprehensive and detailed knowledge of Florida law, federal law, and ongoing relevant cases was key to building a robust and winning strategy for our case. He presented us with several options and the risks associated with each, but ultimately, we picked the one that worked best for us. Mr. Rosen and his legal team are highly professional and always easily approachable via phone or e-mail. Once again, highly recommended. Jadwiga M.
★★★★★
In a few words, Evan Rosen saved my house. He got a final judgment in my favor. The judge gave the bank many opportunities (continuance of the trial even a mistrial) to solve all the issues that Evan Rosen will bring up to the judge (issues that were wrong with my case). In the end, his arguments could not be overlooked by the judge and Evan won the judgment in favor of the defendant (me) and an involuntary dismissal of the case. If you want to have the best chances to win your foreclosure case, you need Evan Rosen on your side. He is the Super Lawyer. I have seen him flying out of the courthouse. Oscar D.
★★★★★
I am so grateful first to god and for the blessing of putting attorney Evan Rosen and his team of professional, in our lives. If you are going through a foreclosure and don't know what to do, I can honestly tell you that attorney Evan Rosen is the person to talk (855-55-Rosen) he takes his time to hear your situation and never sugar coats anything and he does not give you false hope. He is an attorney that you can be sure will fight the fight for you. I know nowadays it's hard to find an attorney that you can trust, but know this, you will not regret the day you choose him. Julie D.