Yes
No, you can have a judgment against you for a default.
Yes, the lender can file suit for the outstanding amount and if they receive a judgment they can execute the judgment in the manner in which the laws of the judgment debtor's state allow.
Yes, under Texas law, a lender can obtain a judgment for a mortgage deficiency if the sale of the property does not cover the outstanding balance of the mortgage after foreclosure. However, the lender must file a lawsuit to recover the deficiency amount within a specified timeframe after the foreclosure sale. Texas also has a "one-action rule," which means the lender must pursue their rights through foreclosure before seeking a deficiency judgment.
To obtain an Illinois deficiency judgment after a foreclosure sale, the lender must file a lawsuit within 90 days of the sale. The court will then determine the amount owed by the borrower, taking into account the sale price of the property and the outstanding loan balance. If the court finds a deficiency, the lender can seek a judgment for the remaining amount owed.
a deficiency judgment should be discharged in a chapter 7 bankruptcy. You should file after you receive the judgment.Im pretty sure this debt would be classified as a unsecured debt.Also, I could be wrong but if you have already filed a bankruptcy then the lender foreclosed and there is a deficiency , the bankruptcy would prove you were insolvent.I think you only have 90 days after you first file.Again I could be wrong. a deficiency judgment should be discharged in a chapter 7 bankruptcy. You should file after you receive the judgment.Im pretty sure this debt would be classified as a unsecured debt.Also, I could be wrong but if you have already filed a bankruptcy then the lender foreclosed and there is a deficiency , the bankruptcy would prove you were insolvent.I think you only have 90 days after you first file.Again I could be wrong.
Yes, there are deficiency judgements on foreclosures in the state of Kentucky. A person could have a personal judgement for the balance owed. An attorney can help you decide the best course of action.
You can avoid the laws if your lender agrees not to press charges for deficiency. You can also file for a chapter 7 bankruptcy.
It will depend on the contract and conventions where the foreclosure took place. In many states where homes loans are secured by a trust deed the lender can only force the sale of the house and there is no possibility of a deficiency judgment when the sale was a trustee sale. If you really want to know have a lawyer in your state review your contract and default action the lender has filed. Lenders can file for a judicial action which can include a deficiency judgment if they believe there was mortgage fraud and the borrowers has assets.
In general, any lender can file suit, be granted a judgment, and have the judgment enforced. So the short answer is yes. Some also claim they can file criminal charges for a "bad check(s)." This is not true. The actions that can be taken depend on the laws of the state in which the person resides.
If the vehicle is repossessed the borrower will be responsible for the deficiency between the sale of the vehicle and the balance of the loan. If an equitable payment agreement cannot be reached by the lender and borrower, the lender can file a lawsuit for monies owed and if successful execute the judgment against any non exempt property belonging to the debtor.
I found the answer to my own question as I contacted an attorney in my area...For those of you who would want to know the answer is NO. A lender or collection agency is not able to take your yearly income tax return if you have a deficiency from a vehicle repossession. The only thing they can do regarding your taxes is file a 1099 form if they chose to forgive the debt which would mandate that you report the amount as income on your tax return to which you pay taxes against it.They can however file a judgment against you and in some states can garnish your wages but that varies.Hope this helps.