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Posted over 13 years ago.

In Oregon it would be a Judicial. The bank changed the locks on the property. My concern is that the bank would take a property that is new and valued at the same amount owed on the mtg. and sell if for significantly less than its value, then sue me or send me a 1099 for the deficiency. The bank won't allow me to enter the property, sell it, or even communicate with me without legal representation.

Christopher L Cauble

Christopher L Cauble Grants Pass Real Estate Attorney

Posted over 13 years ago.

Well..if you were the owner, you would know if it was a judicial foreclosure because you would have been served with a summons and complaint. And..it the bank can elect to do a judicial or non-judicial foreclosure. The court determines the amount of the deficiency judgment in a judicial foreclosure and there would be a judgment against you. There is only a deficiency if you are not residing on the property or it is non-residential. Your other questions have to do with tax issues that are not related to your other questions. Additionally, you are entitled to speak to the banks representatives even without a lawyer. I think that you are either dealing with unreasonable people or you are confused about your rights. I highly advise you to speak to a lawyer.

Christopher L Cauble

Christopher L Cauble Grants Pass Real Estate Attorney

Posted over 13 years ago.

Also, the bank could proceed with a non-judicial foreclosure. Banks in Oregon are choosing to move to judicial foreclosures in Oregon due to changes in the law to non-judicial foreclosures that have created more procedural hurdles to banks. In a non-judicial foreclosure, there is no right to a deficiency judgment, but the procedure is generally quicker and cheaper..