What is an owner’s liability regarding a foreclosed house?

UPDATED: Jan 24, 2012

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What is an owner’s liability regarding a foreclosed house?

We have a house that I am on the deed only; my husband is on the note. We left the house and now live in another state and the house is currently in forclosure. The city has sent letters stating there are $10,000 in code violation fines. Can it sue us and garnish wages or will it just be a lien on the house? Also What happens once bank’s name is back on deed, can they still sue us?

Asked on January 24, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

With respect to the house that you are writing about that is in foreclosure but you are on legal title to where you have received written notice that there is $10,000 in code violations fines with respect to the property, you are responsible for this claim at the present time and most likely after any foreclosure since the code violations occurred during your ownership of this property.

The city can sue you for the amount claimed and get a judgment against you. If the abstract is recorded before the home is foreclosed upon, the entity foreclosing upon the home would wipe out the recorded lien in the proceeding as a matter of law. The claim could still follow you even after the home is lost in foreclosure. I suggest that you consult with a real estate attorney about the situation you are in to try and resolve it before your home is foreclosed upon.

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