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What happens when you default/foreclose on a contract?

Konigin118

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What happens when you default/ foreclose on a contract in Florida? This is with Vacation Village, and the mortgage has not been paid in full yet. This seems to be one of the only truly legal/affordable ways to get out of a contract, no matter if you were bullied and coerced and lied to when signing the contract initially.
 

CalGalTraveler

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There is an excellent Sticky on the Buying, Selling and Renting Forum with reference info recently assembled by some lawyers (but not legal advice) which lists your rights by state.

Florida is a non-judicial, anti-deficiency state. Do not talk to developer because you could screw yourself. Hire a foreclosure lawyer in Florida for an hour to go through these laws and what you should do. However if you contact, you may screw yourself and waive your rights to anti-deficiency. Tread carefully.


Florida – FL, inaction or non-objection results in estate, anti-deficiency foreclosure, but objection leads to judicial, deficiency action: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61B-37



Here are a few tidbits from recent threads (this is not legal advice. YMMV)


"CA allows anti-deficiency judgments even if you lose. However, in SC and FL, you must not object to the non-judicial, anti-deficiency disclosure, less you waive your right to it. (i.e. contacting the developer could be interpreted as an objection to foreclosure which waives your anti-deficiency right in FL and SC)"


"Common within creditor debtor relationships is the ability to set the SOL (statute of limitations) clock back by allowing those to admit to the debt. Same as creating the objection clause to TS non judicial, anti deficiency foreclosures so they can pursue deficiencies."​


Bottom line: In Florida or SC, developers/HOAs may try to bait you so you unintentionally object or waive your rights to non-judicial, anti-deficiency foreclosure (i.e. they only can repossess the timeshare), so they can sue you for deficiencies and put a lien on your wages or assets. Talk to a Florida Foreclosure lawyer for an hour on these laws before acting but do not pay any exit companies
 
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