Short Sale of home: Court approval?

[ajck's mom]

My daughter and her husband are in the process of getting divorced (in Florida). They own a home that has negative equity. Out of concern for her safety, she moved out of the family home with her daughter shortly after filing for divorce. Her husband has since quit his job and moved out of state. The divorce is contested. My daughter cannot make the monthly mortgage payments on her own and the payments are now in arrears. She and her estranged husband agreed to put the house on the market with a realtor and have discussed both a short sale and deed in lieu with the lender as well as the real estate agent. The agent has mentioned that my daughter and her husband should get the court's approval to move forward with the sale.

My question is this: Does the court need to approve the listing and (hopefuly) the sale of the home if both parties have agreed that it needs to be sold as neither can affrod it on his/her own? And if so, what is needed?

[Attorney Howard Iken]

No approval needed. This sounds like a very good idea. If both parties are willing to sign documents - go to it !


Attorney Howard Iken

The Divorce Center
7635 Ashley Park Drive Suite 503K
Orlando, FL 32835

Orlando Divorce Attorney