:confused: back in 2006 when the Real Estate market was booming, I purchased a home in Port Charlotte FLORIDA. They had put me on a construction loan, on July of 2007 the house got completed and they convereted my loan in to a regular loan. Recently I was not able to pay the mortgage and I never even occupied the home because. I live in CA.
Now I just got served because. The Lender had sued meQ! IS FLORIDA A NON-JUDICIAL STATE? CAN THEY O AFTER MY ASESETS AND CAN THEY REALLY GARNISH MY INCOME? PLEASE HELP! WHERE CAN I FIND A LAWYER TO HELP ME ON THIS?

I believe FL is a 'judicial' foreclosure state. Just Google bankruptcy lawyers in Port Charlotte, Florida; that should get you some names and referrals.

I am in same situation, but 2nd mortgage holder is preventing short sale of property forcing me into foreclosure. I am trying to find out if this is legal for them to do. Any luck finding good BK attorney in Port Charlotte?

Quote:

---

Originally Posted by dgweigel

IS FLORIDA A NON-JUDICIAL STATE?

---

It appears so:

"All conveyances, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal, for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held mortgages, and shall be subject to the same rules of foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages." Statutes & Constitution :View Statutes :->2008->Ch0697->Section 01 : flsenate.gov

Quote:

---

Originally Posted by dgweigel

CAN THEY O AFTER MY ASESETS AND CAN THEY REALLY GARNISH MY INCOME?

---

"702.06 Deficiency decree; common-law suit to recover deficiency.--In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judicial discretion of the court, but the complainant shall also have the right to sue at common law to recover such deficiency, provided no suit at law to recover such deficiency shall be maintained against the original mortgagor in cases where the mortgage is for the purchase price of the property involved and where the original mortgagee becomes the purchaser thereof at foreclosure sale and also is granted a deficiency decree against the original mortgagor. " Statutes & Constitution :View Statutes :->2008->Ch0702->Section 06 : flsenate.gov
However it is my understanding that certain federally-backed mortgages are non-recourse. Look at the terms of your mortgage.

Also, of course, they would not be able to garnish your wages until after they have obtained a judgment.