Can the mortgage company come after me for any deficiency after foreclosure and what are the tax implications

Foreclosure: Hi. I had an investment property that I'd owned since 2004. On 10/3 of this year, it was put up for a foreclosure sale. The mortgage company plans on buying it back. I live in Ohio, so there is no reinstatement period. Prior to this happening, I'd tried several times - unsuccessfully - to set up and maintain a repayment agreement, but the payments were always more than I could handle. I contacted the mortgage company (HomEq services) to see if there was anything I could do at this stage. They said the process is now in the confirmation period, but directed me to first the asset management company and then their foreclosure attorney. Basically, I was given the run-around instead of information. My questions - is the mortgage company going to come after me for the difference between their sale price and the owed amount? Unfortunately, the property is in a horibale neighborhood in Columbus, Oh and I couldn't keep it rented (which is why I fell behind in payments); I'd gotten a precomp on the prop and it was worth an estimated $10-$15k - it's a duplex - I owe about $75k not including foreclosure fees. Also what are the tax implications for something like this? - Is this your question? Add additional information
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Answers (2)

Barton Sheldon Strock

Barton Sheldon Strock

Contributor Level 4
I am not licensed to practice in your state so my answers are of a general nature for educational purposes only. There are no tax consequences associated with the foreclsoure of a property that is not your principal residence. There are substantial tax consequences if you were to short sale this property so the foreclosure is your better financial option.

As to the lender seeking a deficiency judgment - I have been practicing this type of law in Florida for 30 years and I have never seen a lender seek a deficiency judgment on a residential loan in all that time. The process is time consuming and expensive for the lender with little chance of recovering any damages they would be awarded in a deficiency judgment. Furthermore, the public relations damage it would cause would be horrific. Frankly, I would not worry about that possiblity. Could it happen? Yes. Will it happen? Probably not. Is there anything to do to stop it if the lender wants to go ahead? No. If they do hire a lawyer.
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Gregory Keith Boop

Gregory Keith Boop

Contributor Level 4
Your question raises a number of follow up questions. It is difficult to determine where you are at in the process as it is in Ohio. I agree with Mr. Strock's answer regarding the tax issues. But, whether or not they would seek the deficiency is a more complicated question and subject to a lot of "if- then" analysis.

In Ohio, the Ohio Supreme Court, bar associations, and lawyers have set up a comprehensive program called Save the Dream with some legal assistance for people facing foreclosure. I have added links and the phone number for the telephone hotline is 888.404.4674. I urge you to contact the program and speak with someone directly about your specific matter. Perhaps there is mediation available or some other creative solution.
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