This question was posed to me the other day: Mr. Dennis, my question is I have a mortgage in my name only. My wife's name is only on the deed, closing documents, etc. Is she along with myself liable to pay for any deficiency when they foreclose on my house?
I dont want to file for bankruptcy. Can the bank come after me and garnish my salary? I was paying PMI and loan payments until April 2009 but we still live in the house. I dont want to have to leave to avoid because I don't want people entering residence to damage the property. Can the bank come after me for my payments being in arrears since 4/09? They (Court/Bank) haven't decided on a sale date My house is in NJ. I believe my loan is owned by Freddie Mac/BofA. Would I be required to pay taxes on the deficiency amount?
I am willing to quit-claim the deed, but the bank stated that I have to list house on market for at least 3 months first. However, at the same time, they sent me a summons from the court. Lastly, for foreclosure, do I have to physically go into court? Let me know what advice you can give me or options available to me? Thanks in advance for your time. -- Alistair.
My answer: Your wife need not worry about deficiency on your house, Alistair, as long as she was not on the mortgage. And you may not, either. New Jersey has a very confusing law regarding deficiencies after a foreclosure. To make sure you understand, I found a New Jersey attorney blog site from which you can have your questions answered. Use this link: http://www.njlawblog.com/2008/12/articles/bankruptcy-creditors-rights/deficiency-actions-after-foreclosure-judgements/
It does address almost everything you asked. As for paying taxes on the deficiency amount, forget it. President Bush signed a law 2 years ago against that. And, if you do a deed-in-lieu, definitely you'll not have to worry about a deficiency. Go to the above link and READ IT ALL. I believe it will allow you to rest your concerns. I do wish you well.
This was Alistair's appreciative reply: Dick, such a clear and quick response is much appreciated. Thanks a million. Keep up the good work. A lot of people in mortgage distress need consultations from people like you.
About Me
- DickDennis.com
- Sun City, California, United States
- The best part of being a real estate broker with so many years expertise is that I am able to help people with their real estate problems. • And as a real estate broker since 1971, there is very little I don't know about the subject. • However, since I was 13 my first love has been writing. Put me in front of a keyboard and It'll be difficult to be able to get me away from it. Also, all my life I've been aesthetic (artistically inclined). With that facility I am able to create newsletters. • On February 14, 2010, my wife, Barbara, and I will have been married 56 years!! That speaks for itself, right?
Saturday, December 26, 2009
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