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Do you need to pay back loan after foreclosure procedure?

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2012-05-09 17:22:55
2012-05-09 17:22:55

The bank is exercise it's right to sell the house in lieu of coming after you. In most states, you would need to file a foreclosure lawsuit and have a court-ordered sale before the lender could sue you for any deficiency.

Adding: It is not uncommon that someone failing to pay any one debt is also delinquent on others. And everyone will be trying to be repaid by using any means possible, including forcing the boworrer to sell assets. A mortgage essentially secures the debt to that property, so that lender has first dibs on recovering his loan by receiving the proceeds of forcing sale of that asset.

However, forclosing (or forcing the sale) takes time and money. Especially if you fight it. And if the lender doesn't recover enough to repay all the costs, interest fees, etc. (a deficiency) he may try and seize another asset you have too.

In a deed in lieu of foreclosure you basically say (or should) - I will cooperate and hand over the asset now, as payment in full for the debt. Since it would pay off the entire debt, there would be no basis for the lender to force sale of another asset.

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