Foreclosure

Foreclosure and Deficiency Judgements

Foreclosure
Buy Foreclosure Home
Aussie Foreclosure
Foreclosure Demon
Avert Foreclosure
Reverse Foreclosure With Loan Modification
Stop Foreclosure
Find The Best Foreclosures
Avoid Foreclosure
Foreclosure Can Be Avoided
Orange County Foreclosure Search
Bank Foreclosure Listing
Orange County Property Foreclosure
Avoid Home Foreclosure
Forclosure Truths
Ways To Stop Home Foreclosure
Foreclosure Homeowners Mindset
Bankruptcy And Foreclosure
Foreclosure And Credit Report
Three Foreclosure Solutions
Foreclosure Eviction
Foreclosure And Deficiency Judgements
Stop A Foreclosure
Do Lenders Mistreat Foreclosure Victims
Resolving A Foreclosure
Two Foreclosure Misconceptions
Reasons For Foreclosures
Foreclosure Results
State Foreclosures
Foreclosure And Short Sale
Buying Pre Foreclosure Homes
Foreclosure Mortgage Process
Renting After Foreclosure
Online Foreclosure Assistance
Pre Foreclosure Tips
Foreclosure Process Tips
Pre Foreclosures Goldmine
Buy A Foreclosure Home
Rising Foreclosure Rates
Stop Foreclosure Immediately
Investing In Foreclosures
Foreclosure Investing
Mortgage Loan Modification Prevent Foreclosure
Facing Foreclosure
Avoiding Foreclosure Options
Foreclosure Assistance Program
Foreclosure Trouble
Buying Foreclosure Property
Dont Subject Yourself To Foreclosure
Pre Foreclosure Investor
Home Foreclosure Investing Keys





 

Foreclosure And Deficiency Judgments
Foreclosure and deficiency judgments often go hand-in-hand after the loss of a home through foreclosure. The loss of one's home to foreclosure is often times financially devastating and personally humiliating. But the problems may not stop when the foreclosure process is completed at the auction sale or even if the lender accepts a deed in lieu of foreclosure.

The lender has additional expenses from the foreclosure and for selling a property to a retail buyer after they get it back at the auction. These expenses include the obvious costs associated with the foreclosure including attorneys' fees, lost interest, solution of liens on the property not discharged at the auction, and when it is sold, the realtorŪ) commissions, maintenance, taxes, utilities, closing costs, etc. The larger loss that can't be passed on to the former homeowner is the loss of the lender's lending ability, and resultant income, because of Federal Reserve cash reserve requirements for the foreclosed property. This loss of lending ability is the reason lenders do not want to purchase homes from foreclosures unless these properties can be sold quickly for a profit. The lender can easily calculate a "final loss" amount that the court system will validate or grant as a "deficiency judgment" against the former loan guarantor - who may not be the former homeowner. In some states this final judgment can be granted from an appraised value instead of an actual sale amount. The appraised value should be contested by the loan guarantor if it appears to be too high.

For accounting or legal considerations, the lender may choose to report the loan deficiency for the guarantor on Form 1099 to the IRS. This gives the former homeowner or loan guarantor a "phantom income" equal to the amount of the loan deficiency and will require he pay income taxes on this amount. In this case the cost of the guarantor's foreclosure will be the amount of income taxes he pays the IRS instead of the entire amount of the deficiency judgment plus additional interest and expenses. This can be a substantial savings to the guarantor and the lender benefits because of a better impact to their financial statement. Usually the lender will issue a 1099 unless they feel there was fraud involved with the original loan.

If a lender accepts a deed in lieu of foreclosure and they make a profit from its sale, they will retain the profit. However, if they lose money, they may be able to issue a 1099 depending on the terms of the original loan agreement and the Acceptance Agreement. It is always wise to have an attorney review any agreement before you sign it to preserve your financial interests. Have the terms of your loan agreement reviewed and any agreements a lender offers you.
Carefully weigh your rights and options when you make a decision to allow your home to be lost as there are solutions besides foreclosure and deed transfer to the lender.

About Author:

Dave Dinkel is the author of "32 Ways to Quickly Stop Foreclosure" and has been helping foreclosure victims for nearly 33 years. If you are facing foreclosure, visit http://www.StopMyForeclosureMess.com. The author also teaches homeowners how to get the most money for their home - visit www.FSBOautopilot.c for more information.




 

Additional Related Resources      
State Foreclosures Probe Deeper
The following article presents the very latest information on Foreclosures. If you have a particular interest in Foreclosures, then this informative article is required reading. It's really a Read more...
How To Find The Best Foreclosures
Have you ever wondered whether foreclosures are a good option for you? Indeed finding foreclosures and investing money in buying them is risky and it can turn out to be a disaster. But it can be a Read more...
Investing In Foreclosures
By Gary Giardina
There are many ways to get started in the real estate market. The best one right now for many investors is by investing in foreclosures. This tactic allows you to buy quality properties for pennies Read more...
Investing In Foreclosures
By Gary Giardina
There are many ways to get started in the real estate market. The best one right now for many investors is by investing in foreclosures. This tactic allows you to buy quality properties for pennies Read more...


Utah to get $25M from foreclosure-abuse deal - Salt Lake Tribune
Staff and news services Published Feb 9, 2012 10:02AM MDT All but one of the states have reached a $25 billion deal with the nation?s biggest mortgage lenders over foreclosure abuses, and Utah?s share will be as much as $25 million. Although Utah Attorney General Mark Shurtleff said earlier Thursday Utah?s share would be $100 million, his staff is now indicating the figure will be closer to $25 million. Shurtleff described the settlement as ?a new day for those in Utah who were victimized by big banks? shoddy practices.? Federal and state officials joi... ...
Rental costs soar in RI during foreclosure crisis - Boston Globe: Rhode Island
Rental costs soar in RI during foreclosure crisis
Soup kitchen planned for RI Statehouse - Boston Globe: Rhode Island
Soup kitchen planned for RI Statehouse
Rosenblum: Hey, Peter Max lovers: Did you paint this car? - Star Tribune: Local
Soup kitchen planned for RI Statehouse
Deal to settle foreclosure abuses moves closer - Salt Lake Tribune
The Associated Press Published Feb 7, 2012 05:15PM MDT Washington ? Arizona, Michigan and Florida, three of the states hit hardest by the housing crisis, will join a nationwide settlement over foreclosure abuses, officials with direct knowledge say. They will join more than 40 other states in approving a deal that would benefit many Americans who lost their homes or can?t afford their mortgages. The three states? involvement buoys hopes that a full 50-state deal is imminent. Formal announcements from Arizona and Florida could come within a week, ac... ...
Volunteers/Donations Needed 2/7 - Denver Post: News: Local
Volunteers/Donations Needed 2/7
Advocates to hold RI Statehouse soup kitchen - Boston Globe: Rhode Island
Advocates to hold RI Statehouse soup kitchen
Big foreclosure servicer indicted for 'robo-signing' - MSNBC
In one of the first criminal prosecutions in the post-housing bust era, DocX has been indicted on forgery charges by a Missouri grand jury, The New York Times reports.<br clear="both" style="clear: both;"/> <br clear="both" style="clear: both;"/> <a style='font-size: 10px; color: maroon;' href='http://www.pheedcontent.com/hostedMorselClick.php?hfmm=v3:082bc25f91a39bbb26970b482d5c3297:%2FBiOiN3q67KQNwgEFcj2sMiLkEgzYZeQfr6rbs%2FKPj1usPnMCtO3eSf8dypAgugODH%2BekTRRdptlrg%3D%3D'><img border='0' title='Email this Article' alt='Email this Article' src='http://images.pheedo.com/images/mm/emailthis.png'/></a> <a style='font-size: 10px; color: maroon;' href='http://www.pheedcontent.com/hostedMorselClick.php?hfmm=v3:c05dbaed9c979b30ffa58245086bcf68:GKiOACC2yBmvg7x093vff26F3wSjnm0iFkskK7Jfm054a7QxZznxoDFSQefHTXaHvwyKqEuKUFyQE7w%3D'><img border='0' title='Add to Newsvine' alt='Add to Newsvine' src='http://images.pheedo.com/images/mm/newsvine.png'/></a> <br clear="both" style="clear: both;"/>
Barack Obama: Solving the housing crisis - Salt Lake Tribune
By barack obama Published Feb 7, 2012 01:01AM MDT In my State of the Union address, I laid out a blueprint for an economy that?s built to last ? an economy built on American manufacturing, American energy, skills for American workers, and a renewal of American values of fairness and responsibility. Over the past decade we strayed from those values and we saw what happened. Millions of families who did the right thing were hurt when the massive housing bubble burst. Folks who shopped for a home they could afford, secured a mortgage and made the... ...
Pinole good Samaritan faces foreclosure - San Jose Mercury News: News
Former East Bay Municipal Utility District plumber severely injured while stopping to help stricken man on freeway; faces mounting debts.
DocX Faces Foreclosure Fraud Charges in Missouri - International Herald Tribune: Business
The charges against DocX, which provided home foreclosure services to lenders across the nation, are one of the few criminal actions to follow reports of widespread improprieties against homeowners.
Key states move closer to foreclosure-abuse deal - Salt Lake Tribune
By DEREK KRAVITZ The Associated Press Published Feb 6, 2012 06:41PM MDT Washington ? California and New York, the key holdouts in a long-awaited settlement over foreclosure abuses, moved closer Monday to backing a deal with most other states that would force the five largest mortgage lenders to reduce loans for about 1 million households. But those states, along with a handful of others, had not joined the settlement by a Monday deadline set by the nation?s state attorneys general. And a deal might not be finalized for days. California still has ?significant sticki... ...
Mortgage relief: Partial plan better than none - Yahoo! News Search Results for mortgage
The architects of the joint state-federal mortgage releief plan believe it would be better for homeowners to get a partial deal than nothing at all, according to sources.
Occupy Bernal, Petaluma zero in on foreclosures - SFGate: Business & Technology
Occupy Bernal, Petaluma zero in on foreclosures
OccupyMN Fences Off A Foreclosure-Free Zone In S. Mpls - WCCO: National
<img width="150" height="112" src="http://cbsminnesota.files.wordpress.com/2012/02/occupymn.jpg?w=150" class="attachment-thumbnail wp-post-image" alt="(credit: CBS)" title="Occupy Minnesota S. Mpls Home" />The group Occupy Minnesota stepped up their efforts Saturday to prevent foreclosures. <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=minnesota.cbslocal.com&#38;blog=15909630&#38;post=211019&#38;subd=cbsminnesota&#38;ref=&#38;feed=1" width="1" height="1" />
GOP candidates shy away from Nevada housing crisis - SFGate: Top Stories
GOP candidates shy away from Nevada housing crisis
Thousands of condo owners stuck in condos they can?t sell - Salt Lake Tribune
By LESLEY MITCHELL The Salt Lake Tribune Published Feb 3, 2012 04:46PM MDT Pete Farley?s condominium is tidy, updated, clean and in a good neighborhood. And with a listing price of just under $175,000, it is affordable to most buyers. All of those things should make it an easy sell in today?s real estate market. Instead, the condo unit is largely unsellable. The problem is that Farley?s condo community lacks certification from the U.S. Federal Housing Administration. And without that seal of approval, buyers with FHA-insured loans ? and some with other types of loans ... ...
Obama seeks to broaden reach of housing assistance - Salt Lake Tribune
By JIM KUHNHENN and BEN FELLER The Associated Press Published Feb 1, 2012 05:59PM MDT Falls Church, Va. ? Conceding his earlier housing programs have fallen short, President Barack Obama on Wednesday proposed a vast expansion of government assistance to homeowners, aiming to make lower lending rates a possibility for millions of borrowers who have not been able to get out from under burdensome mortgages. The president?s proposal is laden with election-year politics and faces a difficult path in Congress. Obama wants to pay for the estimated $5 billion to $10 billion cost with a ... ...
If you're about to lose your home, just occupy it - Chicago Tribune: Opinion
If you're about to lose your home, just occupy it
Obama details broader housing refinancing plan - Star Tribune: Latest
President Barack Obama called on Congress Wednesday to make it easier for millions of additional homeowners to refinance their mortgages at lower interest rates even if they owe more than their homes are worth. He conceded that his administration's housing plans so far have not lived up to their promise.
Obama details broader housing refinancing plan - Minnesota Public Radio: Business
The president called on Congress today to make it easier for millions of additional homeowners to refinance their mortgages at lower interest rates.<img src="http://feeds.feedburner.com/~r/MPR_Business/~4/s3W5aagPLgs" height="1" width="1"/>
Ex-Credit Suisse trader pleads guilty in NY - Salt Lake Tribune
By LARRY NEUMEISTER The Associated Press Published Feb 1, 2012 10:12AM MDT New York ? A former London-based Credit Suisse managing director pleaded guilty Wednesday and agreed to cooperate in a federal probe of trading of sub-prime mortgage securities, admitting that he falsified the books to enhance his standing in his company and his year-end bonus as the housing market collapsed. David Higgs pleaded guilty in Manhattan to a charge of conspiracy to falsify books and records and commit wire fraud, which carries a potential maximum sentence of five years in prison. ?To... ...
Obama Details Broader Housing Proposal - NPR News
The president called on Congress Wednesday to make it easier for millions of additional homeowners to refinance their mortgages at lower interest rates even if they owe more than their homes are worth. He conceded that his administration's housing plans so far have not lived up to their promise.
White House details mortgage refinancing plan for homeowners - LA Times: Business
The White House hopes to help millions of homeowners lower their monthly mortgage bill with a $5 billion to $10 billion plan to set up a streamlined refinancing program for people who are current on their payments. <p><a href="http://feedads.g.doubleclick.net/~at/gghlYzWb7P545jtKfAHBoL6heH4/0/da"><img src="http://feedads.g.doubleclick.net/~at/gghlYzWb7P545jtKfAHBoL6heH4/0/di" border="0" ismap="true"></img></a><br/> <a href="http://feedads.g.doubleclick.net/~at/gghlYzWb7P545jtKfAHBoL6heH4/1/da"><img src="http://feedads.g.doubleclick.net/~at/gghlYzWb7P545jtKfAHBoL6heH4/1/di" border="0" ismap="true"></img></a></p><img src="http://feeds.feedburner.com/~r/latimes/business/~4/3QFrwRKWWbw" height="1" width="1"/>
White House details mortgage refinancing plan for homeowners - Chicago Tribune: Business
White House details mortgage refinancing plan for homeowners


Google


If you have any questions/comments about today's verse, or if you have an issue that needs prayer, please email prayer@discoverthefacts.com.



Foreclosure.

Privacy Policy