You may think that once the awful foreclosure process is over you will not hear from your lender ever again. However, if there is a deficiency judgment form the foreclosure sale, this may not be the case. The bank can come after you if your home does not sell for the full value of the debt owed. This is called a deficiency judgment. How exactly can the bank collect this judgment? Read on to find out how.
Amerihope Alliance Legal Services recently helped a client get $12,842.42 in surplus funds after his property was sold in a foreclosure auction. To protect his privacy I'll call this client Mr. Sebben.
Mr. Sebben's mortgage problems came about because he wasn't able to sell his Broward County, Florida home before moving out of state for work. Unable to pay for housing in two states, he stopped paying the mortgage on his vacant Florida home and his lender, Suntrust, started foreclosure on it.
Mr. Sebben realized that he needed professional help, and so he retained our firm in 2016 to help him stay a bit longer in the property and deal with the foreclosure case.
Most people don't plan for it, but about half of all marriages end in divorce. And when a couple decides to go their separate ways, their property has to be divided up or sold. Some property is easier to divide than others. A couple's Beanie Baby collection is relatively easy to deal with in divorce. It has some positive value, can be sold, and easily carved into two pieces. Your underwater home, on the other hand, is the opposite. It can't be cut in two or immediately sold and is harder to deal with because of that.
If you're in foreclosure and have decided that you cannot or do not want to keep your home, you may be wondering if you could get a “cash for keys” agreement. Cash for keys, sometimes called a "move out incentive", may sound like something you've heard about in hip hop music, but in this case it has nothing to do with kilos of illegal drugs. It's an agreement between you and your lender to hand over the keys to, and move out of your property in exchange for money. Getting paid cash money is always a seductive option, but you should take a close look at what you give up in exchange for that money before signing an agreement.
If you're having doubts about your ability to pay your mortgage or come to any resolution with your lender that allows you to keep your home, you may be wondering what your options are for exiting your home, and what responsibilities are associated with each choice. Whether ownership of your home is transferred through a short sale, deed in lieu of foreclosure agreement, or foreclosure sale, one of the most important things to be aware of is that you may be responsible for a deficiency. But, with a little bit of help and some planning, you may be able to get a deficiency judgment waiver that allows you to walk away from your home without owing any money.