Monday, January 30, 2012
What Is A Deficiency Judgement In A Charlotte, NC. Short Sale?
Everytime I talk to a potential home seller about a short sale; the question arises about what does the bank do about the difference between what we owe and what they accept? Well the term the lienholders use is deficiency judgement.
A deficiency judgement is when the lienholder accepted less than what was owed on the house. Thus, you are left with a deficiency. The lienholder has recourse to ask for a deficiency judgement making you liable for that difference.
The deficiency judgment lien is calculated based on the fair market value of a property rather than the actual price of the property. What this is means is that if a homeowner’s property, which secures a home loan, has a fair market appraisal value of $200,000 and sells the home for $150,000, the borrower will be subject to a deficiency judgment in the amount of $50,000, if a lender chooses to pursue the matter.
Doing A short sale make sure that you and/or your Realtor ask for a deficiency jusgement waiver when negotiating your short sale....Most banks will accept one if you ask and negotiate it in from the onset.
Dave diCecco
Realtor/Broker
www.davedicecco.com
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