Your attorney can help you answer this question, since it requires a legal answer.
Depending on where you live and the type of loan you have, the lender may be able to go to court and get a deficiency judgment against you for the difference (in most cases they can do that)
Deficiency judgments are allowed in Pennsylvania if the mortgage company files a separate lawsuit against the borrowers after the original foreclosure auction. If the mortgagee (usually the foreclosing bank) purchases the property at the auction, the amount of any deficiency judgment is limited by the fair market value of the property.
Yes, if the state and loan documents allow for a deficiency judgment, the bank can sue for one after the home has been sold at the sheriff sale and there is a deficiency. If the homeowners are sued after the public auction and the bank gets a deficiency judgment, then bankruptcy can be used to discharge the judgment. However, bankruptcy can not be used in advance before a deficiency judgment or other debt even exists to preclude its possibility.
No, you can have a judgment against you for a default.
A deficiency judgment is where the owner of a mortgage or deed of trust is awarded a judgment against the borrower in the amount of: the amount of money owed in the mortgage or deed of trust minus the amount of money the property sold for at foreclosure sale If the above amount is a positive number, some states allow the lender to get a judgment for that amount.
Deficiency judgments are fairly common everywhere on large houses. The more the amount you owe on a house, the more you are likely to have a judgment filed against you.
Yes, the private mortgage insurer can sue the homeowner for the deficiency. They can get a judgment against the home owner for the difference.
In Maryland, if a home is foreclosed on and the sale price does not cover the full amount owed, the lender can seek a deficiency judgment within three years of the foreclosure sale. However, there are various exemptions and limitations that may apply to protect homeowners from deficiency judgments in certain circumstances.
depending on the state you live in yes. If the bank forecloses and they get a default judgment against you, they can garnish your wages. Not in Texas though. There are other states that don't allow wage garnishment, except on federal debt
the lender can seek a deficiency judgment against the homeowner in court
If the association owes you money, you can take your evidence to an attorney who can help you take the appropriate action against the association.Generally, you would file suit against the association and if you prevail you would request a judgment lien to reach any assets that belong to the association. That would most likely be a bank account. The judgment lien would enable you to attach the association's account and freeze those funds.In my jurisdiction the seizure would be accomplished through the local sheriff's department. Your attorney will explain your options once she/he has reviewed your situation.
If both parties are named in the judgment, then a lien can be placed against the property of either or both parties. There may be, however, the possibility of appeal and removal of one party due to the dissolution of marriage.