Regarding Foreclosure (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 27, 2024, 12:44:33 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Politics
  Economics (Moderator: Torie)
  Regarding Foreclosure (search mode)
Pages: [1]
Author Topic: Regarding Foreclosure  (Read 1581 times)
Sam Spade
SamSpade
Atlas Star
*****
Posts: 27,547


« on: June 12, 2009, 08:11:01 PM »

Opebo - You're essentially correct.

If the loan is non-recourse, the lender can't go after your other assets (or garnish your income).  If the loan is recourse, the lender can go after all that stuff (they have to file a judgment first, but yes).

In some states, home mortgages are required to be non-recourse, as memory serves me.  I have no clue about where you are.

As to Snowguy's point, I used to know the answer to that question.  I need to go reexamine the Code, but it sounds plausible.
Logged
Sam Spade
SamSpade
Atlas Star
*****
Posts: 27,547


« Reply #1 on: June 12, 2009, 08:28:17 PM »

My memory is getting bad.  Anyways, Snowguy is right.  Go examine the Crane doctrine.
Logged
Sam Spade
SamSpade
Atlas Star
*****
Posts: 27,547


« Reply #2 on: June 12, 2009, 08:29:54 PM »

They do that to when they repo your car. They sell it for whatever they can get and then go after you for the rest.

Those type of loans are almost always recourse loans.  Read the fine print.  It's always there.
Logged
Sam Spade
SamSpade
Atlas Star
*****
Posts: 27,547


« Reply #3 on: June 12, 2009, 08:40:06 PM »

Can't the bank get a deficency judgment for the difference of the amount owed and the amount received for the property sold at auction?

I'll make sure, but I'm almost certain that's only with recourse loans.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.026 seconds with 12 queries.