Categorized | Bad debt

Can a creditor or lender come after one of my homes for a debt owed on another?

Posted on 28 November 2009 by Debt Helper

Well yes they can even though you have the LLC like the other person said you still own the home and it’s your debt. Even though you didn’t use it as collateral what can happen is when your home #1 is foreclosed on they will auction the home whatever the difference is they will come after you for they will then get a judgment to either garnish your wages or put a lien on home #2 so when you either sell or refinance they get paid before you do.In general, they could "come after" home #2, but they cannot foreclose on it if it was not part of the mortgage on #1. They could put a lien for any "deficiency judgment" (amount remaining on the loan after #1 is foreclosed and sold for what they can get) on home #2 (IF they find out about it), but that could not be collected until the home is sold or transferred, and a lien expires after ten years in many states.

If foreclosure is a threat on #1, you want to try to negotiate a deal where you surrender the house without going through the process in exchange for no deficiency judgment being sought against you. In today’s environment, most lenders will be inclined to go along. However, don’t give up on #1 until you’ve researched potential government programs to help people in default and/or foreclosure.That depends on the laws of the jurisdiction where the property is located. Local laws differ.

The way in which the creditor or lender could come after you is this. In some jurisdictions in the US (not many, but a few — including Georgia, for example) the creditor can simply sue you on the debt. Once the creditor gets a judgment, it can go after all of your assets. That would not include the property owned by the LLC, but it would include your ownership interest in the LLC.

Most jurisdictions require the creditor to foreclose on the mortgage before it can proceed against you directly. If the creditor’s debt is not fully paid from the proceeds of the foreclosure sale, it can seek an additional judgment against you personally (a "deficiency judgment") for the difference between the amount the creditor received at the foreclosure sale and the amount of the debt. Once the creditor obtains this judgment, it can go after all of your assets, including your interest in the LLC. This is not as simple as it sounds, because most jurisdictions have significant restrictions on the creditor’s ability to obtain a deficiency judgment. The most common such restriction is a limitation on the amount of the deficiency judgment to the difference between the fair market value of the foreclosed property and the debt. Many jurisdictions have this type of restriction.

In some jurisdictions, the creditor might be out of luck entirely. In California, for example, a creditor who lent money for the purchase of an owner-occupied 1-4 family house cannot obtain a deficiency judgment at all.

The ultimate answer to your question is: It depends on where you live.

 

The ultimate resource for credit card debt settlement

Tags |

Leave a Reply

Archives

Related Sites