Credit Management Archive

A forum for anonymous discussion of credit, debt, and finance. No registration, no frills, just good advice.

After Foreclosure how does the bank have to start collection on any deficiency?

After Foreclosure how does the bank have to start collection on any deficiency?

Discussion open, post a reply
Posted in foreclosures on Apr 26, 12 at 7:05AM
My SOs XW was supposed to be paying the mortgage. She was supposed to refi back in 2009 and couldn't get approved. The house had a little equity at that point. Long story short, she got mad after losing in court regarding the house and having to put it on the market. so she quit paying the mortgage in May 2011. She refused to vacate until Oct 2011 so SO couldn't get a modification or rent it out to cover the mortgage. The foreclosure proceeded and the house was sold in Feb 2012. There was a 60K deficiency. His XW was not on the note so the bank won't pursue her for the deficiency. If they come after SO he needs to sue her for the money directly. He's very stressed about the possibility of being sued by the lender (Bank of America). How long do they have to start collection activities on the deficiency?
What State are you in? That will determine IF the bank can even come after your SO for the deficiet or not.
reply to post
Your reponse:

Your email (optional, if you want to receive notifications of replies):

 

Search