After a forclosure what happens to the remaining balance after the sheriffs sale and how do I avoid a lawsuit for that balance?

Asked about 3 years ago - Palmyra, WI

I owe 187000 but at auction it won't get near that, is there a way to relinquish my home and not be responsible for the balance?

Attorney answers (2)

  1. Evan E. Knupp


    Contributor Level 10

    Answered . You need to look at the Summons and Complaint, the document that you were served.

    Specifically, look toward the end for the WHEREFORE section. There should be language indicating whether or not they are seeking a "deficiency judgment." Another way you can tell is if they are seeking a 6 month period of redemption. Banks typically waive their right to a deficiency judgment in exchange for a shorter period of redemption (6 months instead of the usual 12 months).

  2. R Michael Waterman

    Contributor Level 8

    Answered . I agree with the previous contributor's answer. You may be able to negotiate a "deed in leiu of foreclosure" with the bank, This is where you voluntarily hand over the deed to the bank without the formality of a foreclosure sale.

    Consult an attorney in your area. There may be other options available to you and the ramifications are different for owner occupied property versus non-owner occupied property.

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