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Can a bank in another state come after assets in Washington for a foreclosure?

Snohomish, WA |

The house was a primary for a year and later a rental. The documents filed say "deficiency waived" Can they change this later?

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Filed under: Foreclosure Real estate
Attorney answers 3

Posted

Anything is possible. However, depending on what document you are referring to, the statement of "deficiency waived" could be used in your defense in court. If a judgment is gained in the court of one state it can be executed in another state against assets located in state B. It is, however, a time consuming process.

This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.

Posted

If you are asking a jurisdictional question, Yes, a bank in another state can come after assets in Washington for a foreclosure. Whether they succeed depends on their rights to and interests in the property.

Can the documents filed be changed? Are you talking about documents filed in court, or recorded with the county auditor, or closing documents for the sale? The general rule is that documents cannot be changed without a good reason. The plain language of a contract signed by the parties will be binding on the parties in most cases.

Get in touch with an attorney to review your documents and advise you on how to proceed. I hope this helps get you started.

Posted

I agree with the previous answers and would add the foreclosing lender who chose a non-judicial foreclosure and filed a document waiving the deficiency balance is done with you. However if there was second moorage you may have some issues later.
If so seek help at once, take all of your documents to a lawyer near you.
Good Luck

Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes

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