However, in Illinois, the mortgage company can seek
a deficiency judgment on a short sale.
A deficiency judgment on your credit indicates you still owe the lender money after the home is sold.
California judges do not issue
deficiency judgments on purchase mortgages for primary residences.
California judges do not issue
deficiency judgments on purchase mortgages for primary residences.
Not exact matches
A 2012 PCAOB inspection report of KPMG
deficiencies cited its failures to question management
judgment, including failure to test management's assumptions
on loan loss reserves.
Finance experts retained by the state modeled their practices after those of the Food and Drug Administration, Air Traffic Control Administration, and Veterans Administration, all of which have relied for years
on professional
judgment panels when faced with information
deficiencies.
If the debtor defaults
on payments after signing a reaffirmation agreement, the creditor will have the right to sue for a
deficiency judgment.
A chapter 7 bankruptcy may completely discharge unsecured debts including credit card debt, medical bills, personal loans,
judgments resulting from car accidents and
deficiencies on repossessed vehicles or foreclosures.
A breach of peace also may give you a legal defense if your creditor sues you to collect a «
deficiency judgment» — that is, the difference between what you owe
on the contract (plus repossession and sale expenses) and what your creditor gets from the resale of your vehicle.
If,
on the other hand, you're one of the millions of Americans who find themselves underwater
on their home values, and your mortgage has become a financial albatross that you can no longer afford to carry, filing for bankruptcy gives you the right to surrender the property and walk away with no liability for a
deficiency judgment.
This change will be welcomed by bankruptcy lawyers whose clients are trying to go
on with their life and repair their credit scores, only to be hit again with a
deficiency judgment five years later.
The lesson to be learned is that if you owe more
on your mortgage than your house is worth and the property is in a state that allows lenders to seek
deficiency judgments, you may still owe money even after foreclosure.
Only when a home is «underwater» — meaning the borrower owes more
on the mortgage than the home is worth — will he or she potentially face a
deficiency judgment after a foreclosure.
Whether banks can and will pursue
deficiency judgments depends
on many factors, including what state the borrower lives in and whether there's a second mortgage or other liens.
He can hold you financially responsible for his losses and seek a
deficiency judgment that will appear
on your credit report even if you don't have the money to pay it.
On the downside, if the lender eventually sells the home for a price that doesn't pay off the original mortgage amount, he can get a
deficiency judgment and try to collect it from you.
For example, if you've lost investment property to foreclosure and a
deficiency judgment has been entered against you, a subsequent lien
on your primary residence may remain even after the bankruptcy.
Although
judgment liens that impair an exemption can usually be avoided (removed) by motion in a bankruptcy case, Courts are split as to whether a
deficiency judgment that results in a lien
on real estate can be removed through bankruptcy.
A foreclosure can add to your financial problems if your state allows a
deficiency judgment, which means the borrower owes the difference between what is owed
on the foreclosed property and the amount it eventually sells for at an auction.
If the sale price is less than what is owed
on the mortgage, a
deficiency judgment results.
If followed properly, you will then be able to pursue the
deficiency judgment and collect
on the owed debt.
The Court of Appeal for Ontario reversed the decision of the motion judge and granted summary
judgment for rescission in favour of the franchisee purchaser, Mendoza, based
on the disclosure
deficiencies in AGR's disclosure document.
If counsel feels at the end of a
judgment that the judge has failed to deal with a material part of the case, it is counsel's responsibility to point out the
deficiency and request clarification or a supplemental
judgment on the issue.
judgment which focused
on the existing legislation or, rather, its
deficiencies.
It is typical to not have the possibility of
deficiency judgments with owner occ but the law requires them
on the trust deeds used
on investment properties.
It is really a business decision for the lender to determine whether it would receive more money by accepting the Farmington Short Sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e.,
deficiency judgment against the borrower and / or claims against guarantors, for loans
on which those remedies are available.)
It is really a business decision for the lender to determine whether it would receive more money by accepting the St Paul Central Short Sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e.,
deficiency judgment against the borrower and / or claims against guarantors, for loans
on which those remedies are available.)
The challenge you face in terms of advising a client to go through with a short sale or doing a deed - in - lieu of foreclosure is that the owner may have both recourse and nonrecourse loans
on the same property, which means one or more loans may be subject to
deficiency judgments while other loans
on the property are not.
It is really a business decision for the lender to determine whether it would receive more money by accepting the Minnesota Short Sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e.,
deficiency judgment against the borrower and / or claims against guarantors, for loans
on which those remedies are available.)
Is there a
deficiency judgment reported
on your credit report.
In a foreclosure, the «
deficiency» is the amount that is awarded to the lender
on the final
judgment, which includes not only the remaining principal due to your lender, but also attorneys» fees, court costs, interest and the like, minus the actual market value.
It is really a business decision for the lender to determine whether it would receive more money by accepting the St Louis Park Short Sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e.,
deficiency judgment against the borrower and / or claims against guarantors, for loans
on which those remedies are available.)
It is really a business decision for the lender to determine whether it would receive more money by accepting the St Paul Daytons Bluff Short Sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e.,
deficiency judgment against the borrower and / or claims against guarantors, for loans
on which those remedies are available.)