Posted on: 11th Jul, 2008 06:01 pm
I was told that if we had our home foreclosed on that we would not have to pay the deficiency balance. Got a letter just today demanding payment of a "settlement" of $62,000+! We don't have any money and are barely getting by. What are our options at this time?
Hi Annie,
My post was no reflection on Jerry. I just wanted the questioner to get the updated info. I also Googled it to get a second opinion and it was the same.
My post was no reflection on Jerry. I just wanted the questioner to get the updated info. I also Googled it to get a second opinion and it was the same.
Hi Netty!
Thanks for the information. Please share with the community any interesting information that you find regarding the mortgage market.
Thanks,
Jerry
Thanks for the information. Please share with the community any interesting information that you find regarding the mortgage market.
Thanks,
Jerry
Just spoke with an nc attorney wednesday. He looked up statue 45-21-38
"dificiency judgements abolished where mortgage represents part of
purchase price" Another one statue 45-21-36 "right of mortgagor to prove in deficiency suites reasonable value of property by way of defense" This prevents fire sales by the lender, and then going after you for the difference. Get an apprasal and your tax assessment to prove the value is there.
Must be a first mortgage loan and not a re-financed one for 45-21-38 to apply, according to the attorney i spoke with.
I will speak to another Nc attorney next week and he will probably tell me something different. Tell me its not a anti-dificiency state.
The only way to know for sure is when the foreclosure ends. Then the war begins. Prepare to defend yourself. They have to serve you, they have to sue you.
"dificiency judgements abolished where mortgage represents part of
purchase price" Another one statue 45-21-36 "right of mortgagor to prove in deficiency suites reasonable value of property by way of defense" This prevents fire sales by the lender, and then going after you for the difference. Get an apprasal and your tax assessment to prove the value is there.
Must be a first mortgage loan and not a re-financed one for 45-21-38 to apply, according to the attorney i spoke with.
I will speak to another Nc attorney next week and he will probably tell me something different. Tell me its not a anti-dificiency state.
The only way to know for sure is when the foreclosure ends. Then the war begins. Prepare to defend yourself. They have to serve you, they have to sue you.
Hi gregm,
As far as I know, NC- North Carolina is an anti-deficiency state. Under anti-deficiency laws, the borrower will not be held responsible for any deficiency. The lender will only be able to recover the property and the proceeds of a subsequent sale.
Thanks,
Jerry
As far as I know, NC- North Carolina is an anti-deficiency state. Under anti-deficiency laws, the borrower will not be held responsible for any deficiency. The lender will only be able to recover the property and the proceeds of a subsequent sale.
Thanks,
Jerry
i spoke with a nc foreclosure attorney, he was not aware of any deficiency suite be pursued. In other words they hardly exists. Hope he is giving me correct info
Hi gregm!
Welcome to forums!
As Jerry has mentioned, North Carolina is an anti deficiency state and thus no deficiency judgment can be filed against you. So your foreclosure attorney is not telling you anything about that. I think he is giving you the correct information.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
As Jerry has mentioned, North Carolina is an anti deficiency state and thus no deficiency judgment can be filed against you. So your foreclosure attorney is not telling you anything about that. I think he is giving you the correct information.
Feel free to ask if you have further queries.
Sussane
According to a bankruptcy/foreclosure attorney I recently spoke with, North Carolina allows deficiency judgments. The aforementioned statute prohibiting them in the mortgage was for purchase money, only applies in seller financed deals. He also informed me that he was presently involved in a deficiency judgment lawsuit, so yes, the banks do file them.
what does it mean when you say texas is an anti defiency state?
Welcome whisperranch,
In Texas, there are anti-deficiency laws which protects the borrowers from the lenders in case of foreclosure wherein the lenders cannot sue the borrowers for the deficient amount resulting from the sale of the property.
In Texas, there are anti-deficiency laws which protects the borrowers from the lenders in case of foreclosure wherein the lenders cannot sue the borrowers for the deficient amount resulting from the sale of the property.
My home was auctioned last month and I have now been contacted by a collections agency regarding my 2nd mortgage. This mortgage was done at the original purchase of the home to avoid paying PMI. I have spoken with a couple of people and given the option of ignoring it (not what I want), making monthly payments, or having a new "note" wirtten for a lesser amount. I am not sure what would be the best option to take. My credit is already in the gutter and I don't want to make anymore mistakes like the ones I made to get into the house in the first place. In my particular case I was taken advantage of by my reatlor and lender, just want to make sure I make better decisions from here on out. Any advise is appreciated.
Hi NVGirl!
Welcome to forums!
The second lender has charged off your loan and thus a collection agency is collecting the dues from you. If you ignore their calls, they may sue you. Moreover, it would also reflect in your credit report. In my opinion, you should contact them and check out the amount you need to pay. You can negotiate with them to check whether or not they can reduce your payments.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
The second lender has charged off your loan and thus a collection agency is collecting the dues from you. If you ignore their calls, they may sue you. Moreover, it would also reflect in your credit report. In my opinion, you should contact them and check out the amount you need to pay. You can negotiate with them to check whether or not they can reduce your payments.
Feel free to ask if you have further queries.
Sussane
Thanks smithsussane,
I do understand that I cannot simply ignore the collection agency. The amount owed is around $40,000. At this point I do not have the means to make the normal monthly payment on this amount. An option the collection agency gave me was to make a monthly payment for 6 months, and then try to negotiate a lump sum settlement with the bank. The problem with that is coming up with thousands of dollars to "settle" my account. I am not sure if just paying them a small amount each month will atleast keep them from filing a suit against me until my financial situation improves.
I do understand that I cannot simply ignore the collection agency. The amount owed is around $40,000. At this point I do not have the means to make the normal monthly payment on this amount. An option the collection agency gave me was to make a monthly payment for 6 months, and then try to negotiate a lump sum settlement with the bank. The problem with that is coming up with thousands of dollars to "settle" my account. I am not sure if just paying them a small amount each month will atleast keep them from filing a suit against me until my financial situation improves.
Hi NV Girl,
The collection agency is not bound to accept the small amount you pay every month. Rather, they may not accept your payment and in turn sue you for the non payment of the dues. It would be better if you could speak to the collection agency and check if they can help you with a more affordable plan.
The collection agency is not bound to accept the small amount you pay every month. Rather, they may not accept your payment and in turn sue you for the non payment of the dues. It would be better if you could speak to the collection agency and check if they can help you with a more affordable plan.
My wife and purchased a 2005 motorhome 2 years ago I OWE 50,000. MORE THAN i CAN SELL IT FOR,in north carolina what hapens if I voluntaryily give it back,I am very ill and am dying but I dont want to leave my wife t0 have to pay a deficiency thank you so much.
My wife and purchased a 2005 motorhome 2 years ago I OWE 50,000. MORE THAN i CAN SELL IT FOR,in north carolina what hapens if I voluntaryily give it back,I am very ill and am dying but I dont want to leave my wife t0 have to pay a deficiency thank you so much.