Many thousands of Americans who lost their homes in the housing bust, but have since begun to rebuild their finances, are suddenly facing a new foreclosure nightmare. mortgages they defaulted on.
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Deficiency Judgment. A typical residential mortgage foreclosure action usually only seeks a judgment setting a foreclosure sale of the real estate. It does not seek a "money judgment" upon which the mortgage company can seek "execution" or collection of the sum of due.
· Not everyone receives a deficiency judgment. If you filed bankruptcy after you took out the mortgage loan, and if you received a discharge in your bankruptcy, and if you did not “reaffirm” the mortgage loan in the bankruptcy case, then your personal liability for the deficiency (if.
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· It is settled that if “the proceeds of the sale are insufficient to cover the debt in an extrajudicial foreclosure of mortgage, the mortgagee is entitled to claim the deficiency from the debtor. While Act No. 3135, as amended, does not discuss the mortgagee’s right to recover the deficiency, neither does it contain any provision expressly.
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“Deficiency judgments are absolutely devastating to the foreclosed. “Further, with 1.1 million seriously delinquent mortgages looming on the foreclosure horizon – triple the Enterprises’.
Colorado Attorney Defending Against Deficiency Judgments. In some circumstances, the law in Colorado allows the bank or other lender to seek the difference between the sale price of a foreclosed property and the amount owned on the mortgage loan. The lender has six (6) years to seek a deficiency judgment after the foreclosure sale is concluded.
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Buying a short sale home means purchasing a property at a price below its mortgage due to it accumulating. or the lender will get a deficiency judgment against the borrower (seller).
and may be subject to a deficiency judgment in some states."Until that summary judgment is issued, and there is a foreclosure sale, the borrower is responsible," Olefson says.Mortgage borrowers who.
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Banks have been given a green light to make their own judgment calls about whether a borrower can repay. lending laws when.