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Q: Does a foreclosure wipe out a confession of judgment?
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What is a consent judgment in a foreclosure?

A consent judgment in a foreclosure is whereby a borrower with a pending foreclosure agrees to get into a judgment for foreclosure. This will not require further legal representation.


Is a confession of judgment allowed in Florida?

Generally not


Can Foreclosure wipe out a secondary judgment lien on the property?

A foreclosure wipes out any liens that were recorded subsequent to the mortgage. However, the lender must give notice to the IRS if a tax lien has been recorded against the property. If not notified the IRS has certain rights that may encumber the property after the foreclosure sale. Delinquent property taxes are not wiped out.


Can you dispute a confession of judgment?

In some cases, a confession of judgment may be disputed by showing that it was obtained through fraud, coercion, or other improper means. It is advisable to seek legal advice to explore the options available based on the specific circumstances surrounding the confession of judgment.


What is personal deficiency judgment foreclosure?

This is when you receive a judgment for a foreclosure because you do not have the money to pay your mortgage. Most foreclosures are a result of this, this is just a more specific term pertaining to this.


In a judicial foreclosure what does a Judgment and Decree of Foreclosure on Cross Claim mean?

That means that the cross claimant in the lawsuit was granted a judgment against the cross defendant(s). If the judgment is not satisfied in full immediately, the property in jeopardy will be foreclosed upon.


If you are head of household can a foreclosure judgment still be placed on you?

Yes.


Can there be a deficiency judgment on a mortgage foreclosure in West Virginia?

No, adeficiency judgment may not be obtained when a property in foreclosure is sold at a public sale for less than the loan amount that the underlying mortgage secures.


How are confession of judgment recorded?

Confessions of judgment are typically recorded in a written agreement signed by both parties, where one party confesses to a specified judgment amount. This agreement may be filed with the court or a public entity for enforcement purposes. Additionally, the terms of the confession of judgment may be included in the final judgment issued by the court.


Judgments - can they take your house?

While any judgment can attach against real property, only a judgment and decree of foreclosure can result in the foreclosure of real property. Decrees of foreclosure are only added to judgments as a result of non-payment of a mortgage or deed of trust, or other security instrument.


Can you reinstate a home foreclosure although the court gave the bank judgment?

You can reinstate your mortgage after judgment was entered. The bank can move to have the court set aside the judgment.


Can a first mortgage lender omitted from foreclosure and let the second foreclosure?

Yes, but whomever buys at the second foreclosure will own the property subject to the first lienholder's debt. The first lienholder can still foreclose and wipe out the second.