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Question

what are my options for doing a voluntary repo of a boat here in florida?

Submitted: 20 days and 23 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Florida

Posted by RayAnswers 20 days and 23 hours ago.

Info Request

Is the owner behind here, give me some more information..

20 days and 23 hours ago.

Reply

yes, i'm the owner.

 

20 days and 23 hours ago.

Reply

we owe $146K and we have been trying to do a short sale for several months. we have not made the payment this month. we are looking at doing a vol. repo with soverign bank. what are my options? do I have any? what is the worse case scenario?

Posted by RayAnswers 20 days and 23 hours ago.

Answer

So are you wanting to return the boat to the lender here.If you are you should contact the lender and see if they would let you turn it in in lieu of deficiency.In other words if you turn it in would they waive any right to sue you if it sells for less than what you owe.They might if it saves them the cost of repossession here

If you turn it in this is really the best way to minimalize your losses.If they come after you for deficiency at least you have lowered your liability as best you can.As far as repo and liability this is pretty much the same as automobile.They sell it and deduct it from what you owe.There will be fees and costs of sale if they don't let you off here.

20 days and 22 hours ago.

Reply

what is the differnce in turning it in and a repo?

Posted by RayAnswers 20 days and 22 hours ago.

Answer

You can see if they will agree to take it back and not take action for the deficiency.Since you are voluntarily willing to turn it in here they might.That really is the big difference and they aren't out a lot of fees like to the repo man.



Edited by RayAnswers on 11/2/2009 at 10:00 PM

20 days and 22 hours ago.

Reply

You as an attorney--tell me all the legal ramifications, etc.

Posted by RayAnswers 20 days and 22 hours ago.

Answer

Well it will ding your credit here.If they sell it for less than you owe they will pursue deficiency judgment.This gets recorded.It serves as lien on any real estate and they may pursue other means of collection.This might include say court ordered levy on bank accounts here. It might force you into bankruptcy if you want to seek protection and discharge..

 

Head of househld is protected from wage garnishment..

 

"The Florida Statutes protect from garnishment wages of a person who is head of household. The amount of wages protected is unlimited. A person is head of household if he provides more than 50% of the support of another person. The public policy of this statute is to protect dependents of the family's biggest wage earner. If wage garnishment were permitted against the person who supports a spouse or children, the theory goes, then the State of Florida and its taxpayers would be responsible to support the dependents of the debtor whose wages were subject to garnishment"



Edited by RayAnswers on 11/2/2009 at 10:06 PM

20 days and 22 hours ago.

Reply

lien on real estate can only be pursued if we sale our home, right. Lastly, can they do anything with my ira or 401K

Posted by RayAnswers 20 days and 22 hours ago.

Answer

Yes, it clouds it here and you would have to pay if you wanted to sell.Your IRA and 401 are exempt.Here are your exemptions in Florida..

 

"

YOUR HOME

If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence. You can exempt or protect your home and up to one-half acre of land from any forced sale if you live in an incorporated area. This also applies to mobile homes. If you live in an unincorporated area, you can protect up to 160 acres as homestead property.

Under most circumstances, a lien cannot be placed on your home for a debt. However, creditors who loan you money to buy, improve, or repair your home may put a lien on your home.

To protect your home, an affidavit describing your home and claiming it as your homestead must be filed with the court. This is different from the homestead tax form you file with the county property appraiser every year.

YOUR PERSONAL PROPERTY

The Florida Constitution gives you the right to exempt up to $1,000 in personal property from confiscation by a creditor. Unless the judgment creditor has a lien or security interest in this property, this constitutional exemption allows you to protect up to $1,000 worth of your property from execution or attachment. This $1,000 can include wages and money held in a bank account. If you own more than $1,000 worth of personal property, you can choose which property to protect. If the judgment is only against you and not your spouse, your spouse is entitled to protect his or her interest in the property. Property that is held by a husband and wife as tenants by the entireties cannot be divided and thus is not subject to the claims of creditors of the husband or wife individually. The judgment debtor and/or the debtor's spouse must file an affidavit with the court and the sheriff to obtain the exemption and protect the property from the judgment creditor.

YOUR WAGES

Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.

YOUR VEHICLE

Your interest in a vehicle is exempt up to $1,000 of its value. This means that your vehicle cannot be taken to satisfy a judgment unless the value of the car, less all debts for which the vehicle is collateral, is greater than $1,000. If a judgment creditor or sheriff takes your vehicle under an execution and its value to you is $1,000 or less, you can apply to the court for recognition of your exemption and request the return of your vehicle. Your affidavit of exemption should be filed with the court and the sheriff.

OTHER PROPERTY AND INCOME

All professionally prescribed health aids used by you or your dependents are exempt from being taken by creditors. Other types of income, including Social Security benefits, workers compensation, unemployment benefits, disability benefits, Veteran's benefits and retirement benefits are exempt from garnishment.

PROCEDURE FOR CLAIMING YOUR EXEMPTIONS

You may claim your exemptions by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit must also be sent to the judgment creditor and any attorney for the judgment creditor. The judgment creditor must then file an affidavit with the court within two days to challenge your exemption. If the judgment creditor doesn't object by filing an affidavit, you can ask the court for a hearing to stop the garnishment or execution and have your exempt wages or property returned to you. Notice of the hearing must be given to the judgment creditor.

Under current Florida law, if your wages or bank account are going to be garnished, you will not receive any notice until after the wages have already been withheld or a hold placed on your bank account. The judgment creditor must send you a copy of the writ of garnishment, a copy of the answer filed by your employer or bank and a notice telling you about your right to request that the court stop the garnishment or execution.

 

Your spouse or any other person who has an ownership interest in the property may file an affidavit showing the right of ownership and requesting the court to return the property. The judgment creditor may contest the claim of exemption and request a hearing.

 

20 days and 22 hours ago.

Reply

so i don't need to do anything on the 401K to make it exempt from any debt. the ira/401k is automatically exempt. correct. thanks very much. you have been very helpful

Accepted Answer

So they can't touch these as retirement accounts are all exempt.

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Expert: RayAnswers
Pos. Feedback: 97.9 %
Accepts: 
Answered: 11/2/2009

Lawyer

25 years in civil, criminal, family, probate, elder issues, and administrative law

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