Posted on: 04th Nov, 2010 07:22 pm
If a bank were to pursue me for any deficiencies resulting from a foreclosure how would they collect them? Obviously I wouldn't be able to write a check for the full sum owed, so would they set up a payment plan or something?
Sorry if it's a dumb question I'm just not sure
Sorry if it's a dumb question I'm just not sure
Hi Guest,
Welcome to mortgage fit,
If lender could not get the full amount through foreclosure then they may put a lien on the other properties you own in order to recover the deficient amount.
Although this is a long battle and has to go through the court,by that time-frame you may ask your lender to pay the deficient amount in few installments.
If deficient amount is minor and debtor does not have any assets to put lien on it then in this scenario lenders hardly have any choices left and thus may forgive the deficient amount also by closing the loan prematurely.
Feel free to ask any further query if you have..........
DIPA
Welcome to mortgage fit,
If lender could not get the full amount through foreclosure then they may put a lien on the other properties you own in order to recover the deficient amount.
Although this is a long battle and has to go through the court,by that time-frame you may ask your lender to pay the deficient amount in few installments.
If deficient amount is minor and debtor does not have any assets to put lien on it then in this scenario lenders hardly have any choices left and thus may forgive the deficient amount also by closing the loan prematurely.
Feel free to ask any further query if you have..........
DIPA
When you say they can put a lien on other properties what does that mean exactly?
Regarding this subject, I have a few questions...
a.) If you have 2 properties and foreclose on one of them, and the lender whom did the foreclosure places a lien on your other home, what kind of 'stake' does that give the lender on that property? I mean, can they just up and sell it out from under you in order to recoup deficiencies, thus leaving you out of another home? What if they place a lien on a vehicle, can they sell that against your will?
b.) If you live in an anti-deficiency state, can any liens be placed against you by the lender in the event of a foreclosure?
a.) If you have 2 properties and foreclose on one of them, and the lender whom did the foreclosure places a lien on your other home, what kind of 'stake' does that give the lender on that property? I mean, can they just up and sell it out from under you in order to recoup deficiencies, thus leaving you out of another home? What if they place a lien on a vehicle, can they sell that against your will?
b.) If you live in an anti-deficiency state, can any liens be placed against you by the lender in the event of a foreclosure?
Can wages be garnished for lenders to recoup funds after a foreclosure?
Hi Guest,
If you have any other properties, then the lender will file a lawsuit against you, get a judgment and place a lien on your property. When your property is sold off, the lender will recover his dues.
To Sabe,
After the lender places a lien on the property, he may force the borrower to sell off the property in order to recoup the deficiencies. If they place a lien on the vehicle, then they can either ask you to sell it off or pay off the lien in full in order to receive the lien release certificate.
If you live in an anti-deficiency state, then the lender will not be able to come after you to recover the balance dues after the property is sold off at a foreclosure sale.
To Guest,
In order to recoup the deficient balance resulting from the sale of the property, the lender can garnish your wages. However, he will have to file a lawsuit regarding the same and get a judgment in his favor.
Thanks,
Jerry
If you have any other properties, then the lender will file a lawsuit against you, get a judgment and place a lien on your property. When your property is sold off, the lender will recover his dues.
To Sabe,
After the lender places a lien on the property, he may force the borrower to sell off the property in order to recoup the deficiencies. If they place a lien on the vehicle, then they can either ask you to sell it off or pay off the lien in full in order to receive the lien release certificate.
If you live in an anti-deficiency state, then the lender will not be able to come after you to recover the balance dues after the property is sold off at a foreclosure sale.
To Guest,
In order to recoup the deficient balance resulting from the sale of the property, the lender can garnish your wages. However, he will have to file a lawsuit regarding the same and get a judgment in his favor.
Thanks,
Jerry
@ Jerry
"After the lender places a lien on the property, he may force the borrower to sell off the property in order to recoup the deficiencies."
If you don't own the second property outright, and have another home loan through another lender, can you still be forced to sell the home even though it technically belongs to the other lender? If so, how in the heck does that work? Just doesn't seem right.
"After the lender places a lien on the property, he may force the borrower to sell off the property in order to recoup the deficiencies."
If you don't own the second property outright, and have another home loan through another lender, can you still be forced to sell the home even though it technically belongs to the other lender? If so, how in the heck does that work? Just doesn't seem right.
Hi Sabe,
Though you do not own the property outright and there is another mortgage on it, still the lender can force you to sell it off. However, in that case the other lender has to be paid off prior to this lender.
Take care.
Though you do not own the property outright and there is another mortgage on it, still the lender can force you to sell it off. However, in that case the other lender has to be paid off prior to this lender.
Take care.