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In Texas, how long can a lender pursue a deficiency judgement after foreclosure?

Richmond, TX |

We lost our home in May 2012. We received a 1099-A and are listed as responsible for the debt. Is the FMV the amount that was received at the auction for our home? I am concerned that Wells Fargo or whom they sell the debt to, will try to obtain a judgement.

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Attorney answers 2

Posted

The statute of limitations on a deficiency action expires two years from the date of the foreclosure sale. However, depending on what kind of loan it was that defaulted, the lender or its assignee may not be able to go after the deficiency at all. Review the terms of your deed of trust or other security instrument to determine whether the lien has conditions regarding deficiency.

DISCLAIMER: Because it is offered without the benefit of sufficient factual context, this opinion does not constitute legal advice or establish an attorney/client relationship.

Asker

Posted

Thank you for your help. I appreciate your time.

Posted

2 years from the date of foreclosure. See Texas Property Code, Section 51.003(a).

Please be advised that the information provided herein is for reference to interested persons only and is not intended to create an attorney-client privilege and/or communication. Any information provided herein should be not substituted for the services and/or advice of counsel.

Asker

Posted

Thank you for your help. I appreciate your time.

Becky Pham Tran

Becky Pham Tran

Posted

My pleasure! Good luck!