Showing posts sorted by relevance for query trustee auction. Sort by date Show all posts
Showing posts sorted by relevance for query trustee auction. Sort by date Show all posts

July 13, 2010

WORD: Non-Recourse Loan


And the WORD for Today Is …

Non-Recourse Loan

His bark is worse than his bite. You’re familiar with the expression but who knew that it applied to banks as well. If you are behind on your mortgage—and millions of people are—you have probably been barked at by someone at your bank. It is reasonable that they make an effort to collect the funds which you owe them, but when you are unable to do so, you have conveyed that you are unable to do so, frequently some barking gets started.

A non-recourse loan means the bank has NO BITE. They have no recourse, or option to do anything else to you after they take the house. They cannot seek a deficiency judgment. Without a deficiency judgment there is no way for them to:

  1. Attach your pay check (/garnishment/)
  2. Pursue any of your other assets
  3. This includes any/all retirement accounts


Once they acquire the home/property, whether that is via foreclosure, a deed-in-lieu or by trustee auction when the home was secured by a deed of trust, ALL THAT THEIR BANK CAN EVER GET IS THE HOUSE. There is no legal provision for them to ever come after the borrower for anything else.

The states listed below are generally non-recourse states:


  • Alabama (some exceptions apply)
  • Alaska
  • Arizona
  • Arkansas
  • California (as long as non-judicial foreclosure is used, which is the most common)
  • Colorado
  • District of Columbia (Washington DC)
  • Georgia
  • Hawaii
  • Idaho
  • Mississippi
  • Missouri
  • Montana (as long as non-judicial foreclosure is used)
  • New Hampshire
  • Oregon
  • Tennessee
  • Texas (but even in a non-judicial foreclosure, the lender can pursue a deficiency judgment)
  • Virginia
  • Washington (as long as non-judicial foreclosure is used, which is the most common)
  • West Virginia


*It is critical that the homeowner do several things:


  1. Seek legal counsel to be sure they understand the implications, based the specific mortgage or deed of trust involved
  2. Consider the specific financial resources and have clarity on what is at stake
  3. Evaluate the total picture,  then make a decision based on a full assessment of  the situation


***This should not be construed to be legal advice.  SEEK COUNSEL.


"Remember, knowledge can be empowering!"

Mildred

Host: Home Ownership Matters Preservation Center, Inc. www.HOMPCI.org
Copyright © 2010. All Rights Reserved. Mildred Wilkins Consulting, Inc.


October 2, 2009

WORD: Trustee's Deed

And the WORD for Today is...

Trustee’s Deed – a deed issued by a trustee under a deed of trust, given to a purchaser of a home at an auction, pursuant to foreclosure. Depending upon state law, the transfer may still be subject to the redemption rights of the borrower who lost the home through foreclosure.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)