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North Carolina
Complaint or Petition to Recover Deficiency after Sale under Trust...

North Carolina Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust

Category:

Real Estate - Mortgages and Deeds of Trust

State:

Multi-State

Control #:

US-01525BG

Format:

Instant download

Description

A deficiency judgment is typically in an amount equal to the difference between the funds received from a court sale of property and the balance remaining on a debt. Deficiency judgments are commonly issued when a property owner fails to pay amounts owed on a mortgage and the property securing the mortgage is sold to satisfy the debt, but the proceeds from the sale are less than the amount owed.

Deficiency judgments are not allowed in all states. In order to get a deficiency judgment in most states, the party owed money must file a suit for judicial foreclosure instead of just foreclosing on real property. However, some states allow a lawsuit for a deficiency after foreclosure on the mortgage or deed of trust. Local laws should be consulted for specific requirements in your area.

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How to fill out Complaint Or Petition To Recover Deficiency After Sale Under Trust Deed Or Deed Of Trust?

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FAQ

A Satisfaction is a document that shows of record that an individual has paid a deed of trust or a mortgage in full. These documents are usually filed by the bank or other party to whom the money was owed to and it can take you up to 45 days before they show up on record after payoff has been made.

Look Up Your State Law There are 12 states that, by law, only allow nonrecourse loans. These are known as ?nonrecourse states,? and they include Alaska, Arizona, California, Connecticut, Idaho, Minnesota, North Carolina, North Dakota, Oregon, Texas, Utah and Washington.

In order for deficiency judgment to be granted, a creditor must be in a state that recognizes deficiency judgments for the type of debt and prove that the asset was sold at a fair price. Deficiency judgment most often arises in mortgage foreclosures where the home does not cover the cost of the mortgage.

In North Carolina, a deed of trust or mortgage acts as a conveyance of the real estate. Upon repayment of the debt or performance of the obligation, the conveyance becomes void.

That loss is known as a deficiency. If your lender sells your home for less than what you still owed on your loan, a local court might file a legal action known as a deficiency judgment against you.

California law generally prohibits a deficiency judgment following the short sale of a residential property with no more than four units. Junior lienholders are also prohibited from pursuing a deficiency judgment if they agree to the short sale and they receive proceeds as agreed.

Under a deed of trust, the lender has the remedy of nonjudicial foreclosure. Non-Judicial Foreclosure. A deed of trust may be foreclosed judicially (i.e. through the courts) or non-judicially (i.e. outside of the courts).

Most states allow a foreclosing lender to get a deficiency judgment against a borrower for the deficiency amount. However, some states have laws prohibiting deficiency judgments in certain circumstances. In North Carolina, deficiency judgments are generally allowed, subject to some restrictions.

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