Foreclosure University Deficiency Judgment / 1099

What Happens After Foreclosure

March 24th, 2013 by Jarad


Answer:  -This is a great question but first lets look at the foreclosure process because I think it will help you understand why this happened.

Here’s What Happens After Foreclosure

After the foreclosure process, or lets say auction, a couple of things happen depending on what state you live in and what kind of liens were on the property. […read more]

Deficiency Judgment in Arizona

April 4th, 2012 by Jarad

Question:  We have a deficiency judgement against us for a home we were building in Arizona. Can the bank garnish my wages and/or lien the house in which we reside. We do not want to file BK?

Answer:  – First off let’s clear up some misunderstanding on your deficiency judgment in Arizona. Arizona is actually a non deficiency state, however there are rules in order for the homeowner to apply the anti deficiency law. First is has to be a residential property on less than 2 1/2 acres. If you only have a first mortgage, chances are you may qualify. It’s the 2nd or HELOC that gives homeowners in Arizona all the problems. Usually a deficiency judgment in Arizona happens because of a HELOC since it is taken out after the 1st mortgage and it’s not a purchase money loan.

With this in mind, you need to determine what your situation is and if they have grounds to file a judgment against you based on what you’ve just read. If they can file a judgment against you than it’s best to try and work something out with the lender if you can. Usually you can make them an offer to pay it off in full or work out a payment plan. A lot of times homeowners don’t have a choice but to file bankruptcy because the lender simply won’t work with them and they can’t afford the payments or lump sum. But definitely try to settle with them if you can. If you do nothing, yes, they can garnish wages if it gets to that point.

Can my 2nd mortgage (heloc) foreclose on me?

March 20th, 2012 by Jarad

Question:  I have done a loan modification with my first mortgage and have been making the monthly payments every month with no problems. We have a Home Equity with another back which we have not been making the payments for that for over a year now. That bank is now sending us Notices Of Intent To Accelerate. Can they foreclose on our home even though they are not the first mortgage and we are current with the first mortgage company. what can this bank do to us?

Answer:  – This question comes up all the time. For some reason, many homeowners don’t believe the 2nd mortgage can force the sale of their home. In most cases, your home is collateral for the loan. That’s why when you get a 2nd mortgage, they want to make sure there is equity in the home so they can get paid if they have to foreclose. Even if you are current on your first mortgage, doesn’t matter. The 2nd mortgage can still foreclose and force the sale of your home. Although they would prefer not to because very likely they won’t be able to sell it for what they are into it.

So they will incur both foreclosure costs and lose out if the home is upside down. This is why they are so willing to work with us and other investors in settling those 2nd mortgages because they would prefer to have something rather than nothing. In any case, you will eventually lose your house if you continue on this path so it makes no sense if you are not paying your second, might as well not pay your first either. A better solution if you want to keep paying your first, is to work out something with the 2nd… basically a settlement. You’ll agree to pay them x amount to satisfy the loan.

If the 2nd forecloses, more than likely they will issue you a 1099 or they will file a judgment against you for the difference. When this happens, you can either choose to pay the judgment or the loss that was incurred from the sale or you can file bk. Hope this helps.

Release of lien vs. loan satisfaction

March 20th, 2012 by Jarad

Question:  Last October my ex-wife and I finally sold our South Florida home in a short sale. Sun-Trust held our equity line and agreed to release the lien to accommodate the sale. The balance at the time was $83,000. They agreed with a payment of $10,000 to release the lien but would not release the deficiency. A year has since past and now I received notice that they are suing me for the balance of $73,000. Am I destined to file for bankruptcy?? Any assistance would be greatly appreciated.

Greg E.

Answer:  – When a bank says they’ll “release the lien”, they still retain the rights to file a judgment against the homeowner which is what happened in this case. Usually you can offer the banks a few thousand more to completely “satisfy” the loan which means they cannot come after you for the deficient amount. (Note to those who might be going through a short sale… make sure you or whomever is doing your short sale demands a satisfaction so the bank cannot came after you) Now your options are to work out a payment plan, settle with them, or file bankruptcy. Most choose the latter.

Will 401k savings be affected in I foreclose on Michigan home?

February 28th, 2012 by Jarad

Question:  My husband and I own a home in Michigan, but my husband has had to accept work in Iowa. I am currently still living in our Michigan home since I don’t see a good way to get out of our home. We have had an interest only loan on it for the 6 years we have owned it and an equity line as well so there has been 0 principal paid off on it. I owe $175,000 on a home that is currently worth about half of that, so I will be unable to sell it for what I owe. I’m not sure what to do. Unfortunately, we don’t make enough money between the both of us to pay for our Michigan home and for my husband to rent a home in Iowa so I’m afraid that my only option may be foreclosure. What I need to know is if I will still be responsible to pay the equity line if the home is foreclosed on and if either bank will be able to take my 401K savings? Also, my husband and I are both listed on the house deed, but the financing on both loans is in my name only. Will my husband be protected or will they be able to come after him for payment as well? Thank you for any advice you can give me.

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