QUESTION

What is the worse case senario for foreclosure on a rental house I own?

Asked on Oct 04th, 2011 on Bankruptcy - California
More details to this question:
I own a rental house that is most likely going to be foreclosed on by one of the two banks that I have mortgages with. Can they put on liens on or seize other property I own that has nothing to do with that house or that bank without my consent? Will they just pursue me personally for the difference from sale price by getting a judgement? Do most banks accept payment plans after a judgement is granted?
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9 ANSWERS

Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes to all of the above. I can't however tell you which is worse that depends on your judgment.
Answered on Oct 28th, 2011 at 1:21 PM

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Debtor's Rights Attorney serving Atlanta, GA at Theodore N. Stapleton, P.C.
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They have to file a confirmation action after the foreclosure sale in order to pursue an unsecured deficiency against you.
Answered on Oct 28th, 2011 at 1:21 PM

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Bankruptcy Attorney serving Tucson, AZ at Trezza Law
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The worse case is they file a lawsuit to obtain a judgment and attach assets.
Answered on Oct 10th, 2011 at 9:58 AM

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After a foreclosure a lender may have the right to sue you for the deficiency. If they obtain a judgment they can collect using the various methods spelled out in California law, included wage garnishment or levy on bank accounts. Another method of collecting is filing a lien on your property. You may want to consult a bankruptcy attorney.
Answered on Oct 07th, 2011 at 12:29 AM

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Daniel James Wilson
As far as I know, creditors cannot place a lien on other property without first getting a judgment. Creditors are becoming more aggressive about going after deficiencies. You may have to file bankruptcy to discharge your debt. Creditors will usually settle for a discount if you have cash particularly 2nd mortgages.
Answered on Oct 06th, 2011 at 11:36 PM

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Bankruptcy & Debt Attorney serving Longmont, CO at William Edward Zurinskas
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Foreclosure and bankruptcy in Colorado go hand in hand these days. After the foreclosure, the 2nd deed of trust holder usually becomes an unsecured creditor and has the right to sue you for the amount of the 2nd mortgage. The 1st deed of trust holder will have the right to sue you for any deficiency after foreclosure, if that is the case (Imost foreclosures do not have a deficiency). You need to call the public trustee to find out if there is a deficiency. If you get 1099'd that means the creditor has written off the debt, and even though the debt doesn't exist anymore you may (but not always) have to pay taxes on the amount written off.
Answered on Oct 06th, 2011 at 11:16 PM

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Glen Edward Ashman
In Georgia they can sue you, put a lien on all your property and garnishee your pay and bank accounts. You do NOT want to wait until after a judgment. That is too late. See a lawyer IMMEDIATELY to discuss your options.
Answered on Oct 06th, 2011 at 9:50 PM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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In a non-judicial foreclosure, the mortgagee's remedy is the foreclosure sale; they can't collect on the deficiency. However, a junior lien holder not paid off from the foreclosure sale could pursue the debtor personally.
Answered on Oct 06th, 2011 at 5:26 PM

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Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA at Law Offices of Robert Parkinson Taylor
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I can't give a specific answer without knowing more. That said, typically the 1st trust deed holder would get the proceeds of the sale and if not enough to payoff the loan, they would be out-of-luck. The 2nd and subsequent lien holders would get whatever is left and then could sue you for the balance of their liens (unless you have a true purchase money second and then they'd be out-of-luck too) but I digress. At any rate, the 2nd and subsequent lien holders can't seize or lien your property without getting a judgment against you first. So until you've been sued, you're probably okay. One exception is a right ot set off. For example, if you have money on deposit with Wells Fargo and you've defaulted on a Wells Fargo loan, they can take the money out of your account without your prior knowledge or consent. So don't keep money in a bank you have a defaulted loan with unless you want them to seize your account. You should consult a bankruptcy attorney to see what relief is available. Depending on your circumstances, you may save considerable $ and there may be tax benefits to filing as well. Good luck!
Answered on Oct 06th, 2011 at 2:11 PM

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