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What an underwater property is, and what to do if it is yours

You owe more than it is worth. It is happening again in specific Florida pockets — condominium buildings hit by assessments, and areas that peaked in 2022 — and there are four ways out, none of them painless.

Updated August 20263 min read

How it happens without a crash

Two ways, and the second is the Florida one.

  • The market moves down while your balance barely does, which is what the early years of a mortgage look like.
  • The asset gets repriced by something specific — a special assessment, an insurance shock, a building that fails an inspection. The market did not fall; your building did.

The second is why an owner can be underwater in a neighbourhood where houses are selling fine. It is not the ZIP code, it is the four walls.

The four options

OptionWhat it costsWhen it fits
Stay and payNothing extra, but you cannot moveYou can afford it and do not need to sell
Rent it outLoses the homestead exemption and the 3% capThe rent covers the payment, or close
Bring cash to closingThe gap, in cashYou must move and can cover it
Short saleCredit damage and possible tax on forgiven debtYou must move and cannot cover it
Renting it out has a Florida-specific cost people miss. Losing homestead means losing the 3% Save Our Homes cap and moving to the 10% non-homestead cap — and the assessed value resets. On a home you have owned for years, that can add thousands to the annual tax bill on top of everything else. Run it before you decide renting is the cheap option.

The number to work out first

Not what it is worth. What you would net if you sold it.

Selling costs roughly 8% of the price in Florida between commission, documentary stamps, title and settlement. A property “worth what you owe” is not break-even — it is 8% short. Our net proceeds calculator gives you the real figure in a minute, and it is usually worse than the mental estimate.

Send us the address and the balance and we will produce the actual net sheet. Knowing the size of the gap changes which of the four options you are choosing between.Talk to usor WhatsApp

If it is a condominium and an assessment caused it

Ask a different question: is the assessment finished or ongoing?

A building that has completed its work and paid for it is a building whose value can recover, and buyers price a finished assessment very differently from a pending one. A building still deciding what to do is a building where the number can grow. That distinction is worth more than any valuation.

What not to do

  • Stop paying and wait. Florida is a judicial foreclosure state with its own timeline, and the damage compounds. If you cannot pay, there are steps, and they all start with contacting the servicer.
  • Pay a company that promises to fix it. Everything a legitimate service can do, you or an attorney can do directly.
  • Assume a short sale is tax-free. Forgiven debt can be taxable income. Talk to an accountant before you agree to anything.
If you are in this position, the first conversation is worth having early. We will tell you what the property would actually net today, at no cost and with no listing agreement.Talk to usor WhatsApp
Related: what your home is worth and who decides it is in four numbers, and only one is the price. What selling costs is in selling your Florida home.
Where this comes from: the Save Our Homes 3% cap and the 10% non-homestead cap are in Article VII of the Florida Constitution and ss. 193.155, 193.1554 and 193.1555 of the Florida Statutes; assessed value resets on a change of use or ownership. Florida foreclosure is judicial, under chapter 702. Tax treatment of cancelled debt is federal and fact-specific. The 8% cost of selling is commission, documentary stamps under chapter 201, title insurance under rule 69O-186.003 and settlement fees. Nothing here is legal or tax advice.

Perozo Molina Group  ·  +1 689 680 1112  ·  WhatsApp +1 689 680 1112  ·  perozomolina.com

A real estate team at Miami New Realty, a licensed Florida real estate brokerage (licence CQ1020974), 2470 NW 102 PL Suite 107, Doral, FL 33172. This is an estimate, not a quote. The figures come from the sources named on the page this was printed from. Nothing here is tax or legal advice.