When the bank commenced foreclosure proceedings, originally they waived their right to any deficiency. I felt this was favorable to my position financially so I did not challenge the action. Months later just before the judge's final ruling, the lender's attorney amended the order so that I would be liable for any deficiency. I objected to this change. I would have caught up the payments and not agreed to the foreclosure under this order, but by the time the amendment was presented, nearly a year had past since the originally drafted order and I was no longer in a position to catch up on the payments, taxes and fines due to the increased amount. The judge signed the amended order. I owe a huge deficiency now and feel like I was tricked by the lender and railroaded by the court.
The argument you would have had is called laches, but the time to fight it was back when the case was in court. You should consult with an attorney immediately if you think there is any chance of being able to bring the matter back to the trial court or of appealing it.
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