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If you’re sued by your mortgage lender after your home has been foreclosed upon, the first thing to do is consult an attorney. If your lender sues you after a foreclosure, the lending institution is.
That means mortgage companies have recourse; they can recover the deficiency from the homeowner, even after the house is lost to foreclosure sale. Illinois is also a judicial foreclosure state. That means mortgage companies must go to court, receive a judgment, and hold an auction in order to foreclose on a homeowner’s property.
A deficiency judgment is an unsecured money judgment against a borrower whose mortgage foreclosure sale did not produce sufficient funds to pay the underlying promissory note, or loan, in full. The availability of a deficiency judgment depends on whether the lender has a recourse or nonrecourse loan, which is largely a matter of state law.
How long does a mortgage company have, to file a deficiency judgment in Texas? How long does a mortgage company have to file a deficiency judgment in Texas? If they do not file the deficiency judgment.
Louisiana Law Review Volume 69|Number 4 Summer 2009 Deficiency Judgments: A Louisiana Overview Michael H. Rubin Jamie D. Seymour This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons.
Instead, since the bank is accepting a loss on the mortgage, they have to approve the short sale. Sometimes the lender can file what’s known as a "deficiency judgement" against you to make up the.
A deficiency judgment usually occurs when the foreclosure sale price does not satisfy the outstanding mortgage balance, the lender sues the borrower for the difference and "wins." For example, let’s say that a house with a mortgage balance of $500,000 is sold for $300,000 at foreclosure.
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A deficiency judgment is a judgment against Barry’s estate for the difference between what the lender is able to unload the home for after its foreclosure and the sum of the outstanding debt, accumulated interest, attorneys fees and costs of the transaction.
In general, Arizona has been an “anti-deficiency” state when it comes to mortgages on one- and two-family homes on 2.5 acres or less. That means if you default on your mortgage, you can walk away.