As a resident of another country, I recommend just stop paying.
This is my recommendation as well. After perhaps a year of non-payment, (or collection attempts) tell them they are not getting a nickel from you and offer them the deed in lieu of foreclosure. I'm confident they will capitulate. It won't be pretty and you will likely have to put letters in you credit file explaining the defaulting, but eventually they will give up.
It beats paying $44,000 for something worth nothing.
Jim
I'll concur with this as well. If you are really concerned and have any key financing events you need to do in Oz, you can do these before you stop paying (e.g. refinance the mortgage).
That seems a bit too easy, they knew I was from another country when I signed up so that must have some way of enforcing the deal internationally. Trust me I would love to shove it to them, but the consequences could be huge. I know they haven't registered the debt with our Credit Reporting agency in Australia, but nothing to say they couldn't.
It is almost impossible to take black marks from other credit reports and passport them onto a different country credit report, chances of this happening are slim to none. The debt has to be legally recognised in the country before it can hit the credit system.
It is "possible" to get the Australian legal system to recognise the debt and pursue it through the Australian court systems. You have a number of things working massively in your favour there though.
1) comparitivly the debt is both small and large. a) it is too large for small claims court b) it therefore has to be through standard court process
2) the debt is on real property which makes it harder to process the default on, it is reposession of the property.
3) the contracts likely state somewhere that the juristiction of the loan is Florida so any attempt should be dismissed as out ex juristiction. Westgate should only be able to pursue this in the courts defined in the legal agreement.
4) as this requires real property lawyers in a foreign country using standard track court proceedings they will soon spend $19k in legal fees. IE it is not worth pursuing you, better to get the unit back and find another mark!
5) I think you would find if the above failed standing in court showing the hidden pocket would not go down well in any other jursidiction.
So, you need to stop paying before they will talk to you about a quitclaim deed. This is a quick easy legal process to take names off a deed. Clearly they will not do that if you are current in your payments. 3 months past due they should be ready to talk.
Then offer the quit claim. They will bully and badger but ultimately they will take this as it is in their interests to have the unit available to sell.
If you are paid up on your MF for 2014 and are planning to use 2014 then maybe you are better holding this off until you have taken that vacation to rescue a little more value from the process.