Mortgage Foreclosure Deficiency Judgment

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Preparing, filing and enforcing a deficiency judgment adds additional costs to the mortgage lender’s foreclosure losses. A mortgage insurance company that has paid a claim on a foreclosed loan may.

It is difficult to classify states as strictly recourse or non-recourse. Almost all states allow deficiency judgments under certain conditions, for certain types of property or foreclosure proceedings. However, many states restrict not only the conditions under which deficiency judgments are allowed but the maximum recovery for the creditors.

Some states have anti-deficiency laws to protect the homeowner facing a foreclosure of his property. If the home purchaser used his home as collateral to get a "money purchase mortgage" loan, he, in fact, pledges the property to the seller for the unpaid balance of the sale price.

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Foreclosure sale. If your home goes to foreclosure sale, it will be sold to the highest bidder, who may be the lender or a third party. The foreclosure sale takes place at a public auction, usually at a county courthouse. Once payment is made, the winning bidder takes ownership of the property. Deficiency judgment.

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. Q.

(1) In uncontested mortgage foreclosure proceedings in which the mortgagee waives the right to recoup any deficiency judgment, the court shall enter final judgment within 90 days from the date of the close of pleadings. For the purposes of this subsection, a mortgage foreclosure proceeding is uncontested if an answer not contesting the foreclosure has been filed or a default judgment has been.

A mortgage deficiency waiver frees you of the burden of having to pay back the rest of your mortgage in the event your house sells through a short sale. Otherwise, you may end up having to pay the mortgage off even though you took less for your home and may not be able to afford to do so.

Associated mostly with mortgage foreclosures, the legal principle of a deficiency judgment could apply to any secured loan where the property sells for less than the loan amount due, such as a car.