The Aftermath Of A Deficiency Judgment On A Foreclosure Or Short Sale

A deficiency judgment is something that looms over the head of everyone who has to take a loss on their house, whether by foreclosure or by short sale. This isn’t the law in every state, but in many areas the mortgage lender is allowed to sue for the unpaid debt after the sale of the home – and when they can, they usually will.

What happens when the court awards a deficiency judgment against you? Can it be avoided?

Most of the time, the only way you can avoid a deficiency judgment is by negotiating with the lender during the pre-foreclosure process. They know how expensive it is to maintain their REO properties. The lender may consent to waive their right to collect the rest of the debt if they see that it will cost them less money in the long run to allow a short sale and simply let the debt go.

When the lender won’t agree to waive their right to collect that leftover debt, they ask the court to grant them a deficiency judgment against the homeowner. Afterward, only paying off the debt or having it discharged in bankruptcy will make it disappear.

What will be the amount of the deficiency judgment? In the case of a foreclosure, the judge will take the balance due on the mortgage and subtract the greater of the high bid at the auction or the appraised value of the home. When the house is sold in a short sale, the amount the bank received from the sale is subtracted from the mortgage balance.

Either way, the court will order the homeowner to repay that amount to the lender. If more than one lienholder on the home chose to file a similar lawsuit, the homeowner may end up with more than one deficiency judgment.

One of the first things that usually happens after a deficiency judgment is issued is that it begins earning interest. By this time, the dollar amount has already gone up if the bank has any REO expenses, so adding interest only blows up the amount due. In Florida, deficiency judgments rack up 11 percent per year. What’s the interest 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.

Besides the deficiency judgment, the former homeowner also has a wounded credit report and a lower FICO score. Having a foreclosure on record is one thing, but a deficiency judgment or a low FICO score could influence a critical decision by others on whether to give that person a job, a loan, or a rental home.

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.

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