Jul

After Your Foreclosure Or Short Sale: What Are Deficiency Judgments?

Filed Under (Credit Reports) by Josh Cantwell on 24-07-2010

When your home is in pre-foreclosure, you need to know about deficiency judgments. Of course, the deficiency is the leftover debt after the home is sold, and the judgment part means that the court will formally order you to pay it back. Your state may not allow this, but several states support the lender’s right to collect the rest of the debt.

You also probably know that a deficiency judgment is something that we all want to avoid, but why? What happens after the judge lays down the gavel?

Deficiency judgments are often only avoided through negotiation with the bank before the foreclosure. In the process of getting a short sale approved, the homeowner or his agent can sometimes ask the bank waive their right to further collection efforts if the house is sold. Considering the cost of keeping an REO property and the fact that the homeowner is usually broke at that point, the bank will sometimes agree to this.

If negotiations fail with the bank about the status of the unpaid debt, the homeowner will be ordered by the court to pay it back. Only bankruptcy or paying it off will cancel the debt at that point.

How is a deficiency judgment figured? First, the judge will look at the proceeds from the sale of the home. If there was a short sale, the amount of the deficiency judgment is the mortgage debt less the sale proceeds. If the home went to auction, in most states, the judge will take the greater of the appraised value of that home or the highest bid from the auction and subtract that amount from the mortgage debt.

So, the former homeowner now has a court order which says he has to pay the rest of that mortgage debt to the bank. If there were two or more mortgages or liens, that homeowner may even have two or more deficiency judgments against him.

Immediately after the judge signs the order, the deficiency judgment begins earning interest. If the lender adds its REO expenses to the balance, the interest just keeps climbing higher. There is an interest rate of 11 percent per year on deficiency judgments in Florida. What’s the rate in your state?

After establishing the new debt from the deficiency judgment, a bank typically turns around and sells the debt for pennies on the dollar. Banks know that collecting money from someone who couldn’t pay their mortgage is not worth their time and expense. They prefer to cut their losses and unload the debt on someone else.

Payment or no payment, the former homeowner now also has a huge ding on their credit report, as if having a foreclosure on record wasn’t bad enough. That judgment will stay on a credit report for at least seven to ten years, depending on certain circumstances, and it will send a FICO score down. That lower FICO score means that the former homeowner could be turned down for loans, jobs, or even housing because of it.

With the number of foreclosures increasing faster than ever, the number of deficiency judgments are increasing right along with them. As the government re-evaluates how foreclosures are done in various scenarios, they may also reconsider how deficiency judgments are handled as well. On the other hand, they may not.

In the meantime, if you are about to lose your home, your best bet is to try talking with the lender. You or your agent may be able to help their loss mitigation department see how cost-effective it is for them to tell the credit bureaus that your mortgage is “paid in full as agreed.” If you don’t take the time to negotiate now, you could be paying for it later.

Need to learn more about how a foreclosure can affect people? Visit the Strategic Real Estate Coach website. You’ll gain access to weekly updates on the latest developments in the mortgage industry and more!