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Can a lender pursue a deficiency judgment if the lender does not recover all that it is due through foreclosure

if you let your investment property foreclose on, is there a possibility that they can come after any other assets and or your primary residence?

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We are buying a home in Colorado but are losing our investment property in Calif. Can the bank come after our home in Colorado and the equity we have in it?
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Attorney answers (3)

Avvo Pro

Reputation Level 11
It depends on the manner of forclosure and the state. In California, if the bank pursues a trust deed forclosure non-judicially, then their sole recourse is the property. It is the same as Oregon. In my state, however, they can go Judically and pursue a defiency. However, banks are not doing this very often in Oregon, if at all. So, with due respect to the other posters here, you should see an attorney in your state and get jurisdiction specific advice. A bank CAN choose to pursue alternate remedies besides a non judicial forclosure. Other states have other laws which allow deficiency judgments more often and in more situations.
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Avvo Pro

Reputation Level 18
If the lender does not recover all that is due it through the foreclosure process, most states have laws that authorize it to pursue a deficiency judgment for the remaining sum, and often they are allowed to add their attorneys' fees, collection costs, etc.

I don't practice in your state, this is not intended as legal advice. Please check with someone in your area.
5 people marked this answer as good

Reputation Level 10
Yup, they can sue you for the shortfall and pursue all available legal remedies for enforcing a judgment.
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