As troubling it is to lose your house to foreclosure, borrowers may still be on the hook for the deficiency amount. It is the difference of what’s owed on the home loan and what the bank could sell for at an auction. “Deficiency judgments” can hurt ex-homeowners years after they have lost their property.
It can happen to homeowners who have achieved short-sales where the bank had approved selling the home for less than what it was worth.
Vanessa Corey who achieved a short-sale on her Fredericksburg, VA property in 2008 is a true story. Years after she had completed construction to her home in 2004, tragedy struck leading to a legal divorce with her husband and the emergence of the economic recession, pushed her to sell the property through a short-sale.
As a realtor, she believed that the difference in the amount owed in the loan was forgiven by the lender. Last Nov, she obtained a letter through her attorney showing that she owed the bank $65 k. She had no choice but to file for bankruptcy as she could not afford to pay the bank.
There are a lot of financial institutions who decline to discuss the topic of ‘deficiency judgments’. Correy’s financial institution who lent her the money stated that they were targeting more people with deficiencies.
Can My Lender Come After Me For A Deficiency Judgment? The possibility relies on location or state where the ex-homeowner lives and including whether he or she has a 2nd mortgage or other liens in the picture. It can come after ex-homeowners if they don’t consider the warnings seriously.
Mr. Zaretsky, a property lawyer in Palm Beach, Fla said that once your bank has judgment on you, they can pursue you regardless of where you reside. They can demand for your financial records and have your salary taken away or have you jailed if you ignored any contact.
Financial firms can legally impose deficiency judgments in more than thirty states with the inclusion Fla, NY and TX states.
Fortunately in places like Arizona and California, they do not permit ‘deficiency judgments’. The other ten states that do not allow such judgments are Iowa, Alaska, North Dakota, Montana, Pennsylvania, Oregon, Washington, Wisconsin and South Carolina.
Although lenders are willing to forgive the deficiency amount, many borrowers are not aware that they are required to request for a release. To avoid any unforeseen surprises, ensure that your attorney requests the bank to release you of any future obligations.
Zaretsky says that homeowners should not take things for granted assuming that a deficiency judgment will not return and hit them. He believes that many of these judgments will be pursued over several years to come. It is important to note that these accounts were sold at a loss to various collection firms and third-party investors. These firms would not have purchased these loans if they weren’t eager in recovering the amount they paid for them.
Financial institutions or debt collection companies may sit and wait for borrowers to cure themselves from their financial woes before filing for a judgment. Take for instance in Florida state, financial institutions and debt collection companies can wait up to five years to file. Once judgment is received, the organizations will be granted a time span of up to 2 decades to collect the debt with interest.
Regardless of how small the debt is, banks and collection firms can pursue borrowers. Mr. Varno together with his wife sold their Nashville home in 2004 through a short-sale arrangement once he lost his job. 48 months later in 2008, he was pursued by the 2nd lien holder for $25 K. His defended himself by stating that they had released the title and that did not make him liable anymore.
Disappointingly enough, that is far from the truth. Although the title was released, this will not make the debt vanish. As there are differences in state laws, a regular mortgage contract is split into 2 provisions. The first being the collateral exchange where the property is pledged. The 2nd is the contractual guarantee to pay off the loan.
Lenders may release property liens so as to enable a short-sale transaction but not necessarily releasing borrowers’ obligations to pay back the loan based on the promissory notes. Upon the sale of the home, the secured debt can transform into an unsecured debt.
Zaretsky claimed that one of his clients’ who was so excited in obtaining a short-sale, carelessly signed all the documents that his real estate agent provided him including a confession that clearly made him still legally liable for the debt.
He was clueless about the fact that the bank could convert the statement into a deficiency judgment through the legal courts.
Financial institutions are not very trustworthy or may not be acting on your best interest. Zaretsky explained of a separate borrower who was rich and eligible to pay off the debt. However, the financial institution did not reciprocate as they knew they can later come after him for a deficiency judgment.
Larry Tolchinsky, a Florida real estate attorney said, lenders can occasionally come after borrowers who strategically default (or walk away) if they have other remaining assets.
Banks will research to see if it was a pure walking-away attempt where the borrower truly could not afford to make his or her mortgage payments. If they find out that the borrower has been making timely payments and is in financially sound status, he or she maybe targeted for the deficiency.
If you feel insecure of a probable deficiency judgment, it is highly encouraged to employ a real estate lawyer so as to be certain that there are no remaining deficiencies in the short-sale or deed in lieu agreement.