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My Lender Foreclosed and Now They Want to Sue Me for More Money! – With the spate of defaults on home loans, people have become increasingly concerned with life after foreclosure. One of the primary issues that people raise is whether or not a bank can sue the borrower after the home is foreclosed upon. For most people, a bank cannot come after a borrower for a deficiency judgment after a foreclosure due to the One Action Rule and the Anti-Deficiency Statutes.
Money Pays The Rent: Debt Colectors Love Foreclosure. – The debt collectors have been purchasing deficiency judgments and the right to pursue them from foreclosure actions in judicial foreclosure states. florida deficiecny judgments are particularly tasty to the debt collectors who purchse default judgments. The judgments in florida are then used to collect money that goes in the debt collector’s pockets.
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Paying for Punishment – America’s contemporary system of policing, courts, imprisonment, and parole doesn’t just absorb money. It also makes money through. majority-black neighborhoods suffer court judgments for debt.
How To Tell Debt Collectors To Pound Sand On Old Foreclosure. – 3rd party debt collectors buy bad debt, including deficiency judgments. So, even though they will claim you have to pay the judgment amount plus interest and fees, you don’t have to pay them!! If they want to make you pay, then they will need to validate the debt, and a copy of a judgment is evidence of a debt but not evidence that it is owed.
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However, the loan is underwater and we can no longer afford to pay. and money to foreclose. Be forewarned, though, that if you live in a state which allows deficiency judgments, the lender — or a.
Anti-Deficiency Statutes Prevent Claims of Fraud for Purchase. – Montano, the bankruptcy appellate panel for the Ninth Circuit ("BAP") held that the one-action rule prevents a lender from seeking a deficiency judgment, even for fraud, for a purchase money loan of $150,000 or less.
Legislative watch: foreclosures – Sometimes these deficiency judgments are sold at a great discount on the secondary market, inviting abusive third party debt collection. foreclosure rescue industry has boomed. These operations.
Collection on Judgments and Exemptions from Collection – The sheriff will turn the money from your employer over to the plaintiff unless you file a claim of exemption with the sheriff. The plaintiff was required to pay the court clerk a $2 fee to file an application for writ of execution to have your wages garnished. (That $2 fee will be added to the amount that the sheriff is to collect from you.)
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