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Video instructions and help with filling out and completing FORECLOSURE RETURN OF SALE NO PROCEEDS Form
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People also ask
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What happens after foreclosure if there isn't enough money from the sale to pay off all of the lien holders against the property?
Deficiency Judgments The foreclosure sale may not provide proceeds sufficient to satisfy the mortgage debt. In such cases, the noteholder's representative (and any junior lienholders) may seek a deficiency judgment – a legal judgment for the remaining amount of the debt.
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What is a deficiency balance after foreclosure?
What Is a Deficiency Judgment After Foreclosure in California? In a foreclosure, the total debt that the borrower owes sometimes exceeds the foreclosure sale price. The difference between the total debt and the sale price is called a "deficiency."
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What is the 120 day rule for foreclosure?
The rule says the first notice or first filing under a state's foreclosure law can't occur until you're more than 120 days delinquent. Your delinquency begins on the first day your mortgage payment is due and not paid.
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What happens if after a foreclosure the sale does not yield sufficient funds to cover the amount owed on the mortgage?
In California, following a non-judicial foreclosure, you're typically not held liable for any remaining mortgage balance if the sale doesn't fully cover the loan amount. However, you may still be responsible for other debts, such as a second mortgage or additional loans.
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What happens after a lien foreclosure sale if not enough money were made from the auctioning of the property to pay off the lien holders?
What happens after a lien foreclosure sale if not enough money were made from the auctioning of the property to pay off the lien holders? A deficiency judgment against the property owner for the outstanding balance to the lien holders is issued.
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What happens after a foreclosure if there isn't enough money?
Laws prevent banks from selling a foreclosed property for less than it is worth and demanding the balance from the borrower in default. Mortgage lenders that obtain a deficiency judgment may be able to garnish the debtor's wages, seize other property, or take money from their bank account.
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Do you still owe money after foreclosure?
If your home is foreclosed in California, you may or may not still owe money, depending on the type of foreclosure and loan you had. In most cases, if your home is sold in a nonjudicial foreclosure (the most common type), you are not responsible for any remaining debt.
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How does a lender get repaid if foreclosure does not produce an adequate amount to pay the mortgage debt?
If the lender is able get a deficiency judgment under state law, it may typically use standard collection techniques, like garnishing the borrower's wages, levying a bank account, or attaching a lien to property to compel the borrower to pay it.
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