What Is A Mortgage Deficiency Judgment?

Their biggest fear is that the bank will file a deficiency judgment and try to get their teacher retirement. and sell the home to settle as much of the balance owed on the mortgage as possible. The.

Two areas of law can converge and complicate the issue of inheriting your parents’ deficiency judgment. On one hand, probate law usually governs responsibility and payment for decedents’ debts. On the other hand, if you inherit the property and take possession of it, consumer law can take over.

A deficiency judgment is a court judgment that a mortgage lender gets against a homeowner after a foreclosure. Many states prohibit deficiency judgments, but Virginia, Maryland and the District of Columbia all allow them. Different states impose different limits on when a lender can pursue a deficiency judgment. But the basic premise is the same.

Apart from losing your residence, one of the scariest aspects of foreclosure is the deficiency judgment. If the lender sells your home for less than the amount you owe under the mortgage loan, the.

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. a deficiency judgment against a mortgage holder for the difference in the sale price obtained in a short sale and what is owed on the mortgage. Expect a small decline in your credit score for a.

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A deficiency judgment is a full-fledged judgment for the total balance of the mortgage debt, including all collection costs, legal fees, advances for taxes, insurance, etc etc., less the claimed value of the property foreclosed on AT THE TIME OF THE FORECLOSURE.

A deficiency judgment on a foreclosure is a court order making the debtor personally liable for the outstanding debt of a home mortgage. A lender can also initiate action against a debtor in a short sale or deed in lieu of foreclosure. Deficiency judgments in Ohio. individual state law governs deficiency actions.

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.