QUESTION

What determines if a deficiency judgement will be filed on a foreclosure in Nevada? They pull credit to determine to pursue a suit-what do they look 4

Asked on Aug 12th, 2012 on Foreclosures - Nevada
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1 ANSWER

R. Christopher Reade
Your question implicates a variety of factors which are unique to every lender.  The first question is whether the debt is a commercial or residential debt.  The second question is whether the lender is in first position or is a junior lienholder.  The third question is who/what is the lender (national bank, local bank, credit union, etc.)  Lenders likewise look at the viability of collection upon  any judgment as well as costs of pursuing the deficiency litigation.  Credit and assets of the debtor are also a factor which many lenders will consider.  Because the nebulousness of factors, many borrowers seek to negotiate express deficiency waivers as part of any disposition of their properties. 
Answered on Aug 13th, 2012 at 2:22 PM

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