deficiency judgments


#1

Is there an information source available regarding the number of lenders or mortgage insurance companies that are pursuing deficiency judgments, after a short sale or after foreclosure, over the past 12 months?
How long does a lender/mortgage insurance co. have to file for a deficiency judgment after a short sale or after foreclosure?


#2

In CA there is a One Action Rule on foreclosures. If a 1st forecloses that is their one action and they would not be able to pursue any collection on the deficiency. As Sean O’Toole wrote in another post, “When a 1st forecloses it wipes out the 2nd’s secured interest in the property, but it does NOT remove your liability for repaying it.
In some states, like CA, you may not be liable for the 2nd if it was a purchase money loan (a loan used to buy the house rather than refinance). The theory being that the lender made the purchase possible and should not have done so if they weren’t willing to accept the house as their only collateral.”
In a short sale transaction you would want to read the terms of the short payoff agreement to look for full satisfaction language. If the lender does not state that this fully satisfies the obligation then they can pursue collection of the deficiency. It is my understanding that in CA they have 4 years to contact you regarding the payment of this deficiency.
I am not aware of any information that is available on lenders that are pursuing the collection. It may be too soon in the process to know which lenders will be pursuing this issue. I would speculate that this will largely come from 2nd mortgages that are sold for pennies on the dollar to collection agencies that would then try to collect.