What can happen if my wife ignores an out-of-statecourt request to completepaperwork regarding a deficiency judgement?
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What can happen if my wife ignores an out-of-statecourt request to completepaperwork regarding a deficiency judgement?
My wife is a NY resident. She owned a house in FL that was foreclosed on. The court in FL recently issued a deficiency judgment against her. They subsequently sent her paperwork to be completed that includes employment, income, and banking information requests. The attorney for the bank also wrote to her stating that if she doesn’t complete the forms and return them then she would be in contempt of court. I am inclined to have my wife ignore all requests as an attorney in NY mentioned that they first need to go to court in NY to start enforcing collections.
Asked on September 22, 2010 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Although it is true that they will have to go to New York and ask to register the Florida judgement there in order to garnish her wages and attach bank accounts and put a lien on her property, eventually they will catch up with you. Do you really need that monkey sitting on your back? I would seek legal counsel in both areas as to what you can do regarding the deficiency judgement. It really should have been dealt with before the foreclosure - either a short sale with waiver of deficiency or possibly a deed in lieu of foreclosure. If your assets in New York are not protected then it is only a matter of time. Try and gotiate something that you can live with before it is really too late. Once you take charge of the situation it can only get better. Good luck.
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