In the example above, filing for bankruptcy would prevent the mortgage lender from seeking a deficiency
judgment after foreclosure, the remaining mortgage balance would be discharged.
Borrowers holding a portfolio of underwater investment properties will see their tax bill skyrocket in the event they successfully negotiate a short sale, deed in lieu of foreclosure or forgiveness of deficiency
judgment after foreclosure.
In such a situation, the legislature has prohibited the seller / lender from seeking a deficiency
judgment 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.
I'm afraid my lender will sue me for deficiency
judgment after the foreclosure sale and my personal property will be attached.
Borrowers who are left facing a large deficiency
judgment after foreclosure often turn to bankruptcy in order to protect their assets.
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.
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.
1Cosigner Release allowed if an account is in current standing,
after 36 months of consecutive and on — time payments with a borrower FICO greater than 699 and minimum income requirement of $ 30,000 for loan balances up to $ 100,000, and income requirement of $ 50,000 for loan balances over $ 100,000 with no
foreclosures, repossessions, wage garnishments, unpaid
judgments or other public records having an open balance exceeding $ 100 during the last 7 years.
3 Cosigner release allowed if an account is in current standing,
after 24 months of consecutive & on — time payments with a borrower FICO > 749 for EDvestinU Private Student Loans and minimum income requirement of $ 30,000 with no
foreclosures, repossessions, wage garnishments, unpaid tax liens, unpaid
judgments or other public records having an open balance exceeding $ 100 during the last 7 years.
In many cases, this deficiency
judgment is a tough pill to swallow for the borrower who just lost their home and yet still owes their lender
after foreclosure.
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.
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.
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.
Most of the time doing a Wellington short sale is better than having a
foreclosure against you and the
judgment that the banks are entitled to
after the
foreclosure.
Comments Off on Florida Short Sales and Florida
Foreclosure Defense Deadline for Tax Benefits is Now December 31, 2013
After Fiscal Cliff Legislation Signed Into Law Today Tags: Bank of America
Foreclosures, BofA
Foreclosures, Deficiency
Judgments, Florida Real Estate
Foreclosures,
Foreclosure Help,
Foreclosure Settlement, House
foreclosure, Mortgage
foreclosure, Short Sale Counseling, Underwater Mortgage
With a sherriff's (trustee's) sale
foreclosure, the lender can not go
after a deficiency
judgment.