What Is A Mortgage Deficiency Judgment?

What Are Mortgage Deficiency Judgments? On behalf of Schwartz Bankruptcy Law Center posted in Bankruptcy on Tuesday, March 1, 2016. As a homeowner that has fallen into great financial difficulty, you may find that you are faced with a foreclosure on your home.

Another case where a lender is barred from pursuing a deficiency judgment is if the mortgage is a nonrecourse loan. A nonrecourse loan states that the lender’s only remedy for default is to.

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.

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A "Deficiency Judgment" refers to the amount of money still owed on your mortgage after a short sale, deed in lieu of foreclosure or your decision to walk away from the mortgage. The remaining amount plus collection costs, attorney’s fees and interest make up the deficiency balance and once the bank obtains a judgment for that balance.

What is a Deficiency Judgment? New Jersey is a "recourse state" in mortgage law, permitting lenders recourse in the form of a lawsuit to recover the difference between sale proceeds and the balance on the mortgage in the event of short sale, deed-in-lieu, or foreclosure.

Featured In. If you are facing foreclosure, or have lost your home through foreclosure, you might still owe your mortgage lender money after the sale. This happens if the foreclosure sale price is less than the amount remaining on your mortgage – it’s called a "deficiency.". Whether your lender can go to court and get a judgment for the deficiency,

But otherwise, many mortgage companies don’t go after the balance still due. For one thing, deficiency judgments are not automatic. Rather, the lender would have to go back to court, obtain a judgment.

Banks who have made mortgages in North Carolina are allowed to seek deficiency judgments against borrowers. The lesson to be learned is that if you owe more on your mortgage than your house is worth and the property is in a state that allows lenders to seek deficiency judgments, you may still owe money even after foreclosure.

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