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Personal Assets at Risk due to investment foreclosure

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

sunnyca2009's picture
sunnyca2009 | Joined: August 4, 2009 07:15 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Absoutley

The lender can come after you for the dificiant amount if that property was bought in your name

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

raymond's picture
raymond | Joined: July 3, 2009 09:38 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

>>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.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

UMAR_MUGHAL76's picture
UMAR_MUGHAL76 | Joined: October 20, 2009 12:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Jerry is right.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:16 | Post subject:

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