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Many states allow deficiency judgments in one kind of foreclosure, but not another. Often, a deficiency can be pursued in a judicial foreclosure, but not if a power of sale clause is used to auction a home outside of the court process. Homeowners should look up their own state laws and type of foreclosure being used against them.

The following list should be taken as a guide and not as legal advice or as particularly relevant to one borrower's case.

These states allow deficiency judgments without limits in certain kinds of foreclosure:

  • Alabama
  • Alaska
  • Connecticut
  • Delaware
  • District of Columbia
  • Florida
  • Hawaii
  • Illinois
  • Indiana
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Missouri
  • New Hampshire
  • Ohio
  • Rhode Island
  • Tennessee
  • Virginia
  • Washington
  • Wyoming

These states allow deficiency judgments with certain limits on the amount that can be granted in a judgment:

  • Arizona
  • Arkansas
  • California
  • Colorado
  • Idaho
  • Iowa
  • Kansas
  • Maine
  • Michigan
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Texas
  • Utah
  • Vermont
  • West Virginia
  • Wisconsin

Deficiency judgments are not allowed on residential properties in Oregon under judicial foreclosure proceedings, and at all in power of sale foreclosures.

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Related Questions

What us states allow collection of deficiency balances?

In the United States, the ability to collect deficiency balances after a foreclosure varies by state. Most states allow lenders to pursue deficiency judgments, but some have restrictions or specific conditions. For instance, states like California and Arizona have laws that limit or prohibit deficiency collections on certain types of loans. It's essential to consult state-specific laws for accurate and detailed information.


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Yes. All states in the US honor all monetary judgments from all other states. That being said, while the judgment may be honored in all states, not all states permit the same levels of recovery. Some states, such as Louisiana, do not permit garnishment as a means of recovery, others permit recovery only under specific conditions. Contact a collection lawyer in your local area for specific information. Most offer free consultations, but be prepared with all paperwork you have.


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