No. A Florida state court has no jurisdiction in New Jersey.
No. A Florida state court has no jurisdiction in New Jersey.
No. A Florida state court has no jurisdiction in New Jersey.
No. A Florida state court has no jurisdiction in New Jersey.
To receover property damage in Florida the landlord must file a suit against the tenant. If the landlord wins he can collect using usual means of collecting on a judgment. If the tenant has property then a lien can be placed on it to satisfy a judgment. But if the lien is on a primary home then he cannot be forced to sell the home per homestead laws.
If the sellers sold the home for as much as they owed on the loan, there is no possibility for a deficiency judgment, since there is no deficiency. If the sale was through a short sale where the bank took less than it was owed but allowed the homeowners to sell and walk away, the bank would have to sue for the deficiency judgment.
If the judgment was not perfected as a lien against the property (which is almost impossible in Florida), the property is not encumbered and the title should be clear, thereby not causing a problem with the sale. The judgment holder will probably be able to execute the judgment as a bank account levy and/or seize funds garnered from the sale of the homestead.
When you sell or refinance they get paid
Not if it is 100% financed or on a lease. A judgment creditor can force you to sell it for its market value, pay the lender what is due on the loan and take the rest.
A judgment creditor cannot levy on your 401(k), but they can levy on your bank account and money from a 401(k) distribution would be vulnerable if it was in your bank account at the time the levy occurred. Filing a homestead does not prohibit a judgment creditor from filing a lien against your home. The judgment creditor can wait for you to sell or refinance your home. If there is enough equity in your home to pay off the mortgage and your homestead, there might be enough equity to be able to force a sale of your home.
No, credit companies cannot force anyone to sell anything to pay them.
In a 'worst case scenario' probably they can. They have a legal lien against your property to satisfy an unpaid debt that is owed them. If they take you to court and are awarded a judgment against you, and your home is your only monetary asset, the court COULD order you to sell it to in order to pay off the lien.
yes
Creditors cannot force Maria and Marurine Vanuta to turn over their personal savings or sell their home unless they obtain a court judgment against them. If a judgment is granted, creditors may pursue collections, which could include garnishing wages or placing liens on property. However, certain protections, such as homestead exemptions, may safeguard their primary residence from being sold to satisfy debts. It’s advisable for them to consult a legal professional to understand their rights and options.
Maybe. Whether or not a creditor of any kind can use a judgment lien to force the sale of the debtor's residence depends upon two major factors, how the home is titled and the state's homestead exemption . Although it is possible in the majority of US states for a judgment creditor to enforce a judgment as a forced sale of a primary residence, it is seldom done. The process is complicated, expensive, time consuming and seldom results in a favorable results for the creditor.
Of course not. The lien will have to be paid from the proceeds before they are turned over to you.