sleutherontheside
Retired WS Staff
- Joined
- Jan 16, 2009
- Messages
- 9,874
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Here's a VERY interesting blog from an attorney....discussing "strategic defaults"......
http://blog.floridaforeclosurelawyer.org/2010/02/03/lenders-will-seek-deficiency-judgments-after-foreclosure/
A snip....
Strategic defaults
Sometimes lenders go after borrowers walking away from their homes if they have other assets, according to Florida real estate attorney Larry Tolchinsky.
Banks are pulling credit reports to see if its a strategic default, he said. If youre behind on all your other payments, youre okay. But if youre not, theyll come after you.
Now.....my question would be........AS GA is not on the note or the deed.......yet is married to CA.......they must have commingled accounts. The depth to which an investigation would go could be impacted by the fact that they have joint assets and in the St. of Florida a spouse can not be held liable for the debt of another. For instance......if CA filed BK to protect herself from judgement.......she would have to list all assets and designate them as marital property or owned by herself or GA independently. As long as her assets are combined with GA....she is protected as well as long as SHE is filing Head of Household. Either way GA is IMO financially protected and CA is clear while she is married because they are tenants by entirety.
May explain much heh????
http://blog.floridaforeclosurelawyer.org/2010/02/03/lenders-will-seek-deficiency-judgments-after-foreclosure/
A snip....
Strategic defaults
Sometimes lenders go after borrowers walking away from their homes if they have other assets, according to Florida real estate attorney Larry Tolchinsky.
Banks are pulling credit reports to see if its a strategic default, he said. If youre behind on all your other payments, youre okay. But if youre not, theyll come after you.
Now.....my question would be........AS GA is not on the note or the deed.......yet is married to CA.......they must have commingled accounts. The depth to which an investigation would go could be impacted by the fact that they have joint assets and in the St. of Florida a spouse can not be held liable for the debt of another. For instance......if CA filed BK to protect herself from judgement.......she would have to list all assets and designate them as marital property or owned by herself or GA independently. As long as her assets are combined with GA....she is protected as well as long as SHE is filing Head of Household. Either way GA is IMO financially protected and CA is clear while she is married because they are tenants by entirety.
May explain much heh????