Are you behind on your mortgage and worried that the lender might go after your other assets if your home gets foreclosed on?
Unfortunately, it can happen if you live in Florida. This scenario can occur in an instance where if the bank is unable to recoup the full amount of the loan especially if it’s a large loan.
With such a large number of Orlando foreclosures still looming many homeowners are wondering if their lender can garnish their salary or personal bank accounts.
The problems that can crop up from a typical foreclosure sale don’t usually occur until after the sale has taken place and the bank ends up with the short end of the stick.
Here in Florida lenders can go to the court for a “deficiency judgment” in order to try and collect the rest of the money that owed after the foreclosure.With a deficiency judgment in their possession, banks can go after your personal assets like a car or a boat. However, if the asset isn’t yet paid off, then the lender will have to settle for second position after the lender for the lender for the car or boat, etc.
Florida lenders don’t usually go after a persons assets following a foreclosure sale especially if they don’t see much to tap into.The truth is that collecting on judgments is an extremely time consuming and can be quite costly to the bank.
Banks will pay more attention to homeowners with homes that are worth millions of dollars because the larger the loan the bigger the loss. In these cases the lenders will check the borrowers bank accounts especially if the accounts are with the same bank. Depending in the situation, banks can move to freeze or garnish these accounts. Banks will also go after businesses that default on large commercial properties.
Just When You thought It Was Over
There’s another risk that exists for smaller borrowers that may occur down the line. Many times, banks end up selling off these types of judgments to investors or collection agencies for pennies on the dollar. These agencies hire people that are dedicated to hound people any way they can for a settlement. Since judgments are valid for up to twenty years, it gives them more than enough time to come after the borrower for the balance due.
Avoiding A Deficiency Judgment
The best way to avoid a deficiency judgment, is for people to deal with their mortgage problems head-on. take action! If a borrower has the chance to pursue a short sale with their lender then they should do it. Not dealing with the problem is the absolute worst thing that someone can do to themselves. It’s like having a financial ticking time bomb on their hands. Borrowers are soo much better off working with the bank as opposed to avoiding them.
It’s extremely important that the short sale payoff be recorded as a “full payoff”. To ensure that things are done correctly, enlist the help of a short sale expert. Find a short sale realtor in your area that has a high closing ratio. Avoid realtors that aren’t experienced in the short sale arena or that have only done a few. Selling a home is one of the most, if not the most important transaction of a person’s life so it’s crucial that they find the best qualified realtor for the job.