Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage
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FAQ
How much is your home worth? Regardless of your state's deficiency laws, if your home will sell at a foreclosure sale for more than what you owe, you will not be obligated to pay anything to your lender after foreclosure. Your lender is obligated to apply the sale price of your home to the mortgage debt.
Deficiency Judgments After Judicial Foreclosures in California. Deficiency judgments are generally allowed after judicial foreclosures in California. But the lender can't get one if the loan was: used to buy a dwelling that consists of one to four units that's owner-occupied (called a purchase money loan)
After foreclosure, you might still owe your bank some money (the deficiency), but the security (your house) is gone. So, the deficiency is now an unsecured debt.
Most states allow lenders to sue borrowers for deficiencies after foreclosure or, in some cases, in the foreclosure action itself. Some states allow deficiency lawsuits in judicial foreclosures, but not in nonjudicial foreclosures.Your lender most likely won't sue you if they think they won't recover anything.
Filing a complaint or petition for foreclosure with the courts, Issuing summons to the borrower and all interested parties notifying them of the suit and stating the time period in which they must contest the foreclosure, and.
The automatic stay will stop the foreclosure in its tracks. The bank may file a motion for relief from the stay. Benefits of a Chapter 13 bankruptcy.
To get the deficiency judgment, the bank has to file an application with the court within three months of the foreclosure sale. The judge will then hold a fair value hearing to determine the property's value.
Declaring Bankruptcy. Negotiating a Waiver of the Lender's Right to Seek a Deficiency Judgment. Making a Settlement Offer. Taking the Chance that Your Lender Won't Actually Sue You for the Deficiency.
To get the deficiency judgment, the bank has to file an application with the court within three months of the foreclosure sale.