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When can a lender obtain a deficiency judgment against a borrower in Florida?

one year

Is Florida a recourse or nonrecourse state?

Unfortunately, like most states, Florida is a recourse state. It is fairly easy for a mortgage lender to file a lawsuit against you after foreclosure to obtain a deficiency judgment for the remainder of the loan.

What states allow deficiency judgments?

The following states have anti-deficiency laws: Alaska, Arizona, California, Connecticut, Hawaii Iowa, Minnesota, Montana, Nevada, New Mexico, North Carolina, North Dakota, Oregon, Washington, and Wisconsin.

When can a lender obtain a deficiency judgment?

The foreclosure sale didn’t raise enough cash to pay off your mortgage loan. And if you don’t make up the difference between what you owed and the foreclosure sale price—the deficiency—your lender will take you to court and get a deficiency judgment.

Do I still owe money if my house is foreclosed?

Many homeowners who go through foreclosure are surprised to learn that they still owe money on their house, even though they no longer own it! Most mortgage lenders require borrowers to personally guarantee the amount of the note, leaving the lender with two avenues of collection in the foreclosure scenario.

What happens if bank forecloses on your house?

Foreclosure actions can wipe out some of the property owner’s debt, such as the original mortgage, home equity loans and second mortgages. If the proceeds of the foreclosure don’t cover all the costs of your second mortgage or other home equity loans, you are still obligated to pay those.

Which is worse foreclosure or Chapter 13?

A foreclosure or short sale, as well as a deed in lieu of foreclosure, are all pretty similar when it comes to impacting your credit. They’re all bad. But bankruptcy is worse. Going through a foreclosure tends to lower your scores by at least 100 points or so.

What happens if a house doesn’t sell at auction?

If the property doesn’t sell at auction, it becomes a real estate owned property (referred to as an REO or bank-owned property). When this happens, the lender becomes the owner. The lender will try to sell the property on its own, through a broker, or with the help of an REO asset manager.

Is there a downside to buying a foreclosure?

Drawbacks Of Buying A Foreclosed Home If something breaks, the homeowner won’t spend money to fix it, and the problem could get worse over time. Homeowners may even destroy the property intentionally. You’re responsible for fixing whatever problems the home may have when you buy a foreclosed home.

Can I give my mortgage to someone else?

In most circumstances, a mortgage can’t be transferred from one borrower to another. That’s because most lenders and loan types don’t allow another borrower to take over payment of an existing mortgage.