Deficiency judgement on a Trustee Sale?

August 13th, 2008 by Jarad S.

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Question: In the state of Idaho can a lender obtain a deficiency judgement on a Trustee Sale or must they use a Judicial Foreclosure?

Answer: -Yes, lenders can file a deficiency judgment no matter if it was foreclosed judicially or non-judicially. Typically it’s more common to see deficiency judgments on properties foreclosed judicially but I live in a state where trust deeds are the primary security instrument and deficiency judgments are filed sometimes. In most cases they 1099 the homeowner.

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One Response to “Deficiency judgement on a Trustee Sale?”

  1. Mark B Says:

    Would a deficiency judgement be inforced on a 2nd Home in Idaho going into default when the homeowner resides in Arizona even with a substantial amount of cash into the deal? We are looking to avoid the foreclosure and even thought of a legal way to hold a lottery to move the home, any ideas?

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