QUESTION

foreclosed property due to non payment.

Asked on Apr 11th, 2017 on Civil Litigation - Colorado
More details to this question:
Person has caused severe damage to the property and refuses to do cleanup. Am I stuck with the damage?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You don't set forth on what basis you foreclosed on the property, but assuming that you foreclosed as part of a process to set off the value of the property against a debt, rather than foreclosing on a non-recourse mortgage (which limits your recovery to the property provided as security, regardless of whether it is sufficient to cover the debt), the debt would only be reduced by the value of the property which would be reduced by the amount of damage, or clean up costs (whichever is less).  You still retain all collection remedies to collect the balance of the debt.  After you have obtained a judgment you may, for example, garnish the debtor's income, levy on other assets such as bank accounts, etc.
Answered on Apr 11th, 2017 at 10:10 AM

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