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Deficiancy judgement- can they take my assets?

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Icon Mini Profile debnpat





Joined: 07 May 2009

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Post Posted: Thu May 07, 2009 6:40 pm    Post subject: Deficiancy judgement- can they take my assets?
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My home is in foreclosure. I owe 140K, the house only apprased at 90k. if the mortgage company gets a deficiancy judgement against me will they sieze my assets? i own land in another part of town valued at 50k.this is the ONLY asset i have. will they get a lien against it/
Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

Posts: 10030
Location: Alaska
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Post Posted: Thu May 07, 2009 7:35 pm    Post subject:
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Hi debnpat!

Welcome to forums!

Yes, the mortgage company can place lien on the land that you own if you are unable to pay the deficient amount. The lender may even garnish your savings account or pay check to recover the deficient amount.

Feel free to ask if you have further queries.

Sussane
Icon Mini Profile debnpat





Joined: 07 May 2009

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Post Posted: Thu May 07, 2009 7:40 pm    Post subject:
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if i gift the land to someone else would it be protected?
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10148
Location: Nevada
941.94 Dollars($)
Post Posted: Fri May 08, 2009 8:14 pm    Post subject:
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Hi debnpat,

As your property is already in foreclosure, I don't think gifting the land to someone else will protect it. Your creditor may consider this as a fraudulent transfer and you can be penalized for it.

Thanks
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