Mortgage Foreclosure Deficiency Judgment

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Judgment of Loss Mitigation – 2016-R-0334 Describe "judgment of loss mitigation," the judicial alternative to foreclosure created by PA 16-65. Force-Placed Insurance – 2015-R-0145 If a homeowner does not insure his or her home, the mortgage servicer or lender may "force-place" insurance on the home.

Once a mortgage lender gets a deficiency judgment against you, it can then proceed to collect on that judgment. If the mortgage creditor was a second lien holder in the foreclosure, it is more likely they will pursue collection efforts, especially if they received little or nothing from the foreclosure sale. This article explains the ways a mortgage lender can collect a deficiency judgment.

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Even after foreclosure or repossession, lenders may try to collect on unpaid loan balances.. A deficiency judgment is a legal order to pay off a loan balance after. Example: You owe $200,000 on your home, but you cannot afford mortgage.

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Deficiency Judgments. A mortgage foreclosure sale discharges the mortgage and releases the mortgagor from liability, even though the sale price realized is less than the amount owed on the mortgage. Meco Realty Co. v. Burns, 414 Pa. 495, 200 A.2d 869 (1964). If there is a guaranty, in addition.

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This happens if the foreclosure sale price is less than the amount remaining on your mortgage – it’s called a "deficiency." Whether your lender can go to court and get a judgment for the deficiency, and then collect it, depends on state law. Below you can find the law on deficiencies in each of the 50 states.

A mortgage deficiency waiver frees you of the burden of having to pay back the rest of your mortgage in the event your house sells through a short sale. Otherwise, you may end up having to pay the mortgage off even though you took less for your home and may not be able to afford to do so.

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A deficiency judgment may be obtained when a property in foreclosure is sold at a public sale for less than the loan amount which the underlying mortgage secures. This means that the borrower still owes the lender for the difference between what the property sold for at auction and the amount of the original loan.