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Lien on second home in Michigan when Foreclosing in Washington state?

Everett, WA |

I am looking into either short selling or foreclosing on my condo in Washington state.
I inherited via a quit claim deed from my now deceased mother, a jointly owned condo in Michigan (with my brother and sister who are also on the deed). The home has
no mortgage or loans, and we own it outrightly. Can my bank that owns my mortgage put a lien on that
property if I short sell or foreclose? Can or should I remove my name from the deed in Michigan?

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Attorney answers 3

Posted

In general, when banks foreclose on residential property (your condo in Washington), they do not seek nor get deficiency judgments. They usually take title to the property in exchange for release of the debt. If you are no longer living in the condo and are not renting it, you can offer to give it back to the back in exchange for release of your debt. The bank would have to sue you, get a judgment here and then seek to have the judgment recognized in the State of Michigan. It is extremely unlikely that this would ever happen.

The advice given is general for information purposes only and should not be relied on. You should consult with an attorney of your choice to fully advise you about your legal rights and obligations.

Posted

Unless the lender on your Washington condominium forecloses judicially (meaning with a lawsuit rather than via a trustee's sale) and gets a deficiency judgment against you, or asks you to agree to a deficiency obligation under the terms of any short sale, it seems unlikely that you would remain exposed to that lender. Even then, the Washington lender's "lien" on your Michigan condo (assuming the laws are similar there as here in Washington) would be a judgment lien recorded in the county where the condo is located, and the satisfaction of that lien from any proceeds on the condo sale would have to await sale of that Michigan condo.

Posted

I agree with both previous answers and the trustee's sale process or short sale would not be a problem if there is no judicial foreclosure.
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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