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Personal Assets at Risk due to investment foreclosure

Posted on: 24th Oct, 2009 07:57 am
My wife and I purchased an investment property, lot, in South Carolina and we live in North Carolina. The property is being foreclosed. Can the bank force us to sell other properties we have in north carolina, i.e. rental properties and personal home to satisfy the note? Can they take our cars and boat? Can they access our bank accounts?

what if anything can the bank do to satisfy the note on the property?

vc
Absoutley

The lender can come after you for the dificiant amount if that property was bought in your name
Posted on: 24th Oct, 2009 11:09 am
>>Can the bank force us to sell other properties we have in north carolina, i.e. rental properties and personal home to satisfy the note? Can they take our cars and boat? Can they access our bank accounts?


No, but they'll place a foreclosure on your credit and sue you for their losses.
Posted on: 24th Oct, 2009 03:55 pm
hi



I really hope you founded a c-corp or LLC to buy that land - otherwise its potentially some real trouble for you.

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Posted on: 27th Oct, 2009 01:39 am
i don't subscribe to the theory that lenders will leave no stone unturned to get their money back if there's a loss with a foreclosure. for your lender to come after your other real estate, autos, other goods, etc. is such a stretch as to be unbelievable. can they seek judgment for a deficiency? of course, they can. enforcing the judgment could result in a lien on other real estate, yes; but that's not likely to lead to a loss of that real estate, unless you have far more serious problems than you've told us about.
as for grabbing other assets, that's just plain hooey. lenders have no desire to become owners of automobiles, boats, etc. what then? they'd have to sell them. and they are not in the retail selling business - they make loans.
Posted on: 27th Oct, 2009 09:12 am
I own property in a different state than the one I live in. If the laws are different in both states which one will I be liable in?

I am also wondering about money in bank and stock market. Will the banks be able to touch that money in a foreclosure?
Posted on: 09th Jul, 2010 02:12 pm
Hi Guest,

The laws of the state where your property is located will be considered when your home is foreclosed by the lender. Depending upon that law, the lender may or may not come after you for the deficient balance resulting from the foreclosure sale.

Thanks,

Jerry
Posted on: 10th Jul, 2010 02:33 am
Jerry is right.
Posted on: 13th Jul, 2010 08:22 am
I have a foreclosed rental property in Hawaii and I'm living here in Maryland. In case of deficiency judgement, can the lender go after my personal assets here in Maryland?
Posted on: 12th Aug, 2010 08:51 pm
Welcome Jojo,

The lender in Hawaii may go after your personal assets in Maryland to recover his dues. However, in order to do so, he'll have to get a judgment from the court of Maryland against you.
Posted on: 13th Aug, 2010 12:30 am
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