Wednesday, June 17, 2009

What are anti-deficiency laws?



Some states have anti-deficiency laws which protect purchasers of residential real property used for his/her primary residence pursuant to a purchase money mortgage. In the event that the purchaser fails to make the mortgage payment and the property is foreclosed (title taken by the lender through a legal procedure) and sold to pay the mortgage, a deficiency between the sale price and the outstanding balance of the mortgage could occur.

Under anti-deficiency laws, if the mortgage is a purchase money mortgage for the purchase of a dwelling occupied by the purchaser, the purchaser will not be held responsible for any deficiency the lender can only recover the property and the proceeds of a subsequent sale, the purchaser does not pay any deficit between the sale proceeds and the outstanding loan balance.

Marty Lapedus is an expert in law read more here

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