Posted on: 09th Feb, 2010 09:30 am
co-own home with ex-boyfriend. he filed ch7, then converted to ch 13 bk. he indicated he wished to surrender his interest in the property, but would not sign quit claim deed that the mortgage company needed to approve me for a loan mod.
today, bk court dismissed his bk for failure to sign qcd.
this house will now go into foreclosure. i am hoping that bc i have spent thousands in legal fees to get this home back on track, and because i have no other recourse to force ex to sign qcd, that the mortgage company will not be able to sue me for a deficiency judgment. i tried everything, but i can't force him.
does a deficiency judgment get heard in front of a judge, or does it just happen automatically?
today, bk court dismissed his bk for failure to sign qcd.
this house will now go into foreclosure. i am hoping that bc i have spent thousands in legal fees to get this home back on track, and because i have no other recourse to force ex to sign qcd, that the mortgage company will not be able to sue me for a deficiency judgment. i tried everything, but i can't force him.
does a deficiency judgment get heard in front of a judge, or does it just happen automatically?
Hi,
A deficiency judgment can be obtained only in judicial foreclosure. The lender has to file lawsuit to get the judgment against you. Your case will be heard in front of a judge before a judgment is entered against you. However, if the mortgage payments are made on time, the lender will not foreclose the house and will not get any deficiency judgment against you.
A deficiency judgment can be obtained only in judicial foreclosure. The lender has to file lawsuit to get the judgment against you. Your case will be heard in front of a judge before a judgment is entered against you. However, if the mortgage payments are made on time, the lender will not foreclose the house and will not get any deficiency judgment against you.