I'm afraid my lender will sue me for deficiency judgment
after the foreclosure sale and my personal property will be attached.
In order to determine whether you will owe money to your lender
after a foreclosure sale of your home, it is important to get a handle on two important items of information:
A judgment of judicial foreclosure may be preferred by a credit in favor of a foreclosure of a mortgage or deed of trust to secure a «deficiency judgment» for any amount still owed by the debtor
after the foreclosure sale.
Many people simply walked away from a hopeless situation, not realizing that
after a foreclosure sale they would still be responsible for any shortfall.
The most basic form of nondisturbance and attornment agreement assures the tenant that the mortgage holder will not disturb the tenant's possession as long as the tenant is not in default under its lease and the tenant agrees to recognize and treat the lender (or other owner
after a foreclosure sale) as landlord, i.e. «attorn.»
If you're the homeowner, be aware that Utah is a deficiency state, which means that the lender can go after your assets for the «deficiency»
after a foreclosure sale (i.e. the difference between what the home fetches at the foreclosure auction and the amount you still owe on the mortgage).
A deficiency judgement is where the bank gets a judgement against you, the borrower, for the remaining funds owed to the bank on the loan amount
after the foreclosure sale.
Not exact matches
This undesirable outcome is known as a «deficiency judgment,» and it can occur
after both short
sales and
foreclosures.
After our meeting, my office searched for the bank responsible for keeping the property and we discovered a gray area in New York State law — once a property entered into a judgment of
foreclosure and
sale, the law did not clarify the person or party responsible for maintaining it.
Sampson was indicted in 2013
after prosecutors said he stole more than $ 400,000 in home
foreclosure sales to help finance an unsuccessful bid for Brooklyn district attorney and tried to cover up the alleged crime.
Both short
sales and
foreclosures will remain on your credit report for seven years
after they're settled.
NOTE: Veterans who use VA Home Loan Centers for short
sale assistance (per law) will not be charged interest beyond 210 days
after last payment plus the length of time by state for a
foreclosure to conclude.
Rival mortgage clearing house Freddie Mac indicated that it is going
after walk - away borrowers in court to collect deficiencies (the difference between what a borrower owes and what the lender gets in a
foreclosure sale).
Borrowers who wish to qualify for an FHA - insured mortgage
after a
foreclosure, short
sale or bankruptcy in 2014 should refer to Mortgagee Letter 2013 - 26 for more information.
NO waiting period
after a
foreclosure for an FHA Loan if you had NO late payments on ANY mortgage or consumer debt in the 12 - months proceeding the short -
sale AND it was NOT a strategic short
sale.
Applicants who meet these criteria could qualify for an FHA loan in as little as 12 months
after bankruptcy, short
sale,
foreclosure, or deed in lieu of
foreclosure.
Borrowers who wish to use an FHA loan
after a
foreclosure, deed in lieu, short
sale or bankruptcy in 2014 must be able to demonstrate Satisfactory Credit
after the Economic Event (loss of job / income).
In 2014, borrowers who wish to qualify for an FHA loan
after bankruptcy,
foreclosure, short
sale, deed in lieu of
foreclosure, or other derogatory events must reestablish Satisfactory Credit for at least 12 months.
«
After someone goes through a short
sale or a
foreclosure, they may feel guilty or upset about it, but I tell them: «Now is day one.
Does anyone have experience getting a mortgage
after bankruptcy and / or a
foreclosure or short
sale process?
Texas law allows lenders to pursue deficiency judgments
after foreclosure A deficiency judgment arises when the proceeds from a
foreclosure sale fail to satisfy the outstanding mortgage balance, and a lender wins a lawsuit seeking payment of the difference.
To that end, FHA is changing the rules for borrowers who want to use an FHA loan
after a bankruptcy, short
sale,
foreclosure, or deed in lieu of
foreclosure.
The waiting period
after a bankruptcy, short
sale or
foreclosure can be as little as 12 months.
While a
foreclosure looks slightly worse, with the time and effort you have to put in to keep you home in
sale ready condition, the potential pitfalls of owing the balance of the mortgage anyway
after the short
sale, as well as the potential tax consequences, it might be worth it to simply let the home go into
foreclosure and walk away.
Myth # 9: The lender will sue the homeowner
after the close of a short
sale (or
foreclosure, or deed in lieu of
foreclosure) for the deficiency.
New FHA guidelines announced August 15, 2013, in Mortgagee Letter 2013 - 26 say that borrowers who meet certain criteria and qualify for a loan under FHA requirements will be able to apply for an FHA loan without the usual mandatory waiting period
after a
foreclosure, short
sale or bankruptcy.
I introduced a loan program at http://www.cfsflex.com, they allow a mortgage
after a
foreclosure, short
sale, or bankruptcy.
For homeowners who had extenuating circumstances such as prolonged income loss or major medical expenses, Fannie Mae has shortened its waiting periods to two years
after a pre-
foreclosure sale — a short
sale or deed in lieu of
foreclosure — and to three years
after a
foreclosure.
It is never a smart decision to go for a mortgage loan immediately
after you have faced a
foreclosure, short
sale or bankruptcy.
The waiting period had been two years
after the completion of a bankruptcy and three years
after a
foreclosure or a short
sale.
All homeowners with FHA case numbers assigned
after Aug. 25th of 2013 that have gone through a bankruptcy, short
sale,
foreclosure, loan mod or a deed - in - lieu can now apply and potentially get approved for an FHA mortgage.
Typically, your credit score will drop by 75 to 200 points
after selling your property in a short
sale, which is less severe than a
foreclosure.
One of the most common questions that home loan professionals receive is in regards to the timelines that must be followed
after derogatory credit events like
foreclosure, short
sale and bankruptcy.
Regardless of your state's deficiency laws, if your home will sell at a
foreclosure sale for more than what you owe, you will not be obligated to pay anything to your lender
after foreclosure.
If the
sale price is enough to satisfy the outstanding balance owed on the mortgage, you will not owe money
after foreclosure (be careful as some loan documents call for borrowers to pay lender attorney fees associated with the
foreclosure).
When a borrower loses their home to
foreclosure and still owes their lender money
after the
sale, the remaining debt is usually referred to as a deficiency.
As long as the Bankruptcy case is filed before the last publication date,
after the Bankruptcy Court lifts the Automatic Stay, the lender will have to file a new
foreclosure case, with a public trustee
sale date about 120 days later.
There are quite a few variables involved when trying to figure out when someone will be able to purchase a home
after a
foreclosure or short
sale.
George as a general rule they would be talking about
after the closing on the short
sale or
foreclosure.
*** The above information for waiting periods before buying a home
after completing a short
sale and
foreclosure was sourced by the Fannie Mae and Freddie Mac selling guides along with the FHA handbook.
One of the most important steps
after going through either a short
sale or
foreclosure is to be conscious about trying to improve your credit standing.
The question of when a borrower can get another loan
after a short
sale or
foreclosure is one I hear quite often.
You can never start planning too early
after going through a
foreclosure or short
sale.
Hi Sandra — Yes I do not believe any of this short
sale time lines have changed about getting a mortgage
after a short
sale or
foreclosure since the article was published.
Thanks for the great information about buying a home
after short
sale or
foreclosure.
Below are the general guidelines that FHA, Fannie Mae and Freddie Mac follow when considering a loan
after a short
sale or
foreclosure:
About the author: The above Real Estate information on buying a home
after short
sale or
foreclosure was provided by Bill Gassett, a Nationally recognized leader in his field.
Getting a mortgage
after a short
sale or
foreclosure is one of the most common questions I get.
If you can only put less than ten percent down, you'll have to wait seven years
after the short
sale or deed in lieu of
foreclosure.
If you're looking to get a USDA loan
after short
sale or deed in lieu of
foreclosure, you will typically need to wait 3 years from the date repayment and bankruptcy were completed.