What Is a Deficiency Judgment, and How Can You Avoid One?

You can follow these procedures to prevent a deficiency judgment on a short sale of a home.

1. Recognize the Deficiency Judgment: When the profits from a short sale are inadequate to pay the outstanding mortgage balance, a deficiency judgment results. The lender has the option to use legal action to try to recoup the unpaid balance. It is essential to understand the deficiency judgment legislation of your state because they can differ.

2. Speak with an Attorney: Ask a real estate lawyer with expertise in short sales for guidance. They can assist you understand your options and rights while guiding you through the process. As a way to prevent a deficiency judgment, they might potentially bargain with the lender on your behalf.

3. Interacting with the Lender: As soon as you can, establish conversation with your lender. Tell them about your financial struggles and your want to sell your home quickly. Inquire if the lender would consider dropping any deficiency judgment in exchange for the property's sale.

4. Deliver a thorough short sale package: To give the lender, prepare a thorough and accurate short sale package. A hardship letter outlining your financial circumstances, financial statements, bank statements, tax returns, and any other papers the lender may need are often included in this package. Make sure the bundle is complete and adheres to the lender's requirements.

5. Find a Qualified Buyer: To find a qualified buyer, team up with a real estate professional with expertise in short sales. Finding a buyer who is capable of buying the property is crucial because the lender will need to approve the buyer's offer.

6. Bargain with the Lender: You can bargain with the lender to get their approval for the short sale without a deficiency judgment by using your lawyer or real estate agent. They may contend that approving the short sale is better for the lender than going through with a foreclosure and possible damages.

7. Obtain a Written Agreement: After the short sale has been approved, be careful to have the lender's written assurance that they will not seek a deficiency judgment. This agreement is a binding contract that must be signed.

8. Complete the Short Sale: Follow the lender's instructions to complete the short sale transaction. Make sure all required paperwork is correctly filled out and submitted. Verify sure the deficiency judgment waiver is included in the final paperwork once the sale is completed.

Deficit judgements may be handled differently in New York and New Jersey. Here are some noteworthy distinctions:

1. Judicial Foreclosure: New York and New Jersey are both judicial foreclosure states, which means that foreclosures must be handled by the legal system. If the proceeds from the foreclosure auction are not enough to pay the remaining debt on the mortgage, this procedure enables lenders to request deficiency judgments.

2. Anti-Deficiency rules: In certain situations, New Jersey has particular rules that restrict or forbid deficiency judgements. For instance, in New Jersey, the lender often cannot seek a deficiency judgment if the property that is being foreclosed on has no more than six units and is the borrower's primary residence. There are, however, some exclusions to this rule, such as instances when the borrower engaged in fraud or waste.

New York, in contrast, has any residential property-specific anti-deficiency statutes. However, due to the drawn-out and expensive foreclosure procedure, deficiency judgments are less frequent in New York in practice. Lenders could choose to discuss loan modifications or short sales rather than seeking deficiency judgements.

3. Right of Redemption: New Jersey permits the borrower to redeem the property by paying down the outstanding debt within a set time frame following the foreclosure auction. Generally speaking, the shortfall judgment is canceled if the borrower exercises the right of redemption.

After a foreclosure sale, there is no statutory right of redemption in New York. The borrower often has no chance to get the property back or get the deficiency judgment thrown out once the foreclosure sale is over.

It's crucial to remember that laws might change and that certain conditions may have an impact on how insufficiency judgments are handled in particular cases. For accurate and current information on deficiency judgements, it's advisable to speak with a real estate lawyer who is knowledgeable with the laws of the state where the property is located.

Remember that in order to properly navigate the process and safeguard your interests, you can speak with Prodigy Real Estate at (718) 701-5626

Posted by Anthony Licciardello on


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