Mortgage Foreclosure Deficiency Judgment

Deficiency Judgments. A mortgage foreclosure sale discharges the mortgage and releases the mortgagor from liability, even though the sale price realized is less than the amount owed on the mortgage. Meco Realty Co. v. Burns, 414 Pa. 495, 200 A.2d 869 (1964). If there is a guaranty, in addition.

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California has a requirement known as the one-action rule. If a foreclosure is completed by non-judicial means, a second action to recover a deficiency judgment is not permitted. Using a judicial foreclosure, a lender may recover a deficiency judgment in certain circumstances.

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.

If the home sells for $400,000 and your state allows lenders to collect deficiency judgments, you will owe your lender $100,000 once they obtain a judgment for the deficiency. 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.

Deficiency judgments can follow a mortgage foreclosure, leaving the former homeowners on the hook for thousands or even tens of thousands of dollars. A "deficiency judgment" is an order by a court making the debtor personally responsible for the shortfall that occurs when the property is sold in foreclosure for less than the balance owed to the mortgage lender.

redemption periods and deficiency judgments in other states For this report, we relied on the compilation of state laws in NCLC ‘ s "Survey of State Foreclosure Laws," part of a 2009 NCLC study, "Foreclosing a Dream," written by John Rao and Geoff Walsh.

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Some second mortgage-type liens on California home titles are. it must first obtain a deficiency judgment against you. In foreclosures, deficiency judgments are court orders awarded to lienholders.

HB2019 prohibits deficiency judgments-the difference between the amount of the sale price and the outstanding mortgage when a property in foreclosure has been sold by the original lender. The.