Non-Recourse States

Non-Recourse States: Affected by Short Sale “Date Reported”    

In non-deficiency states, we are seeing credit being affected right after the statute of limitation expiration date. HOW? Some short sale lenders are updating “date reported” that pulls the event forward. This causes the Fannie Mae Desktop and Freddie Mac Loan Prospector automated systems to think the negative event occurred within the last 24 months, resulting in a new conventional DU/DO or LP mortgage denial.

Here is a list of all states and their limits on foreclosure deficiency:

Limits on Foreclosure Deficiency Judgments Listed By State

Corey Gray, Credit Analyst & Founder

This is a list of the limits that states have imposed on deficiency judgments after a foreclosure action. Not every state has a limit for the amount of judgments and some states do not allow them at all.

Limits on Foreclosure Deficiency Judgments Listed By State (Listed Alphabetically)

The amount of time creditors can go after a deficiency judgment in the state of: Alabama: Deficiency judgments are possible. No limits.

The amount of time creditors can go after a deficiency judgment in the state of: Alaska: Deficiency judgments are not allowed if the foreclosure is by power of sale (nonjudicial foreclosure).

 The amount of time creditors can go after a deficiency judgment in the state of: Arizona: No deficiency judgment on a purchase money mortgage for one- or two-family properties on less than two and a half acres. A deficiency may be allowed if a court decides the owners committed waste.

 The amount of time creditors can go after a deficiency judgment in the state of: Arkansas: Lawsuit for deficiency must be brought within one year from the date of the public sale. Deficiency limited to amount of indebtedness less fair market value; or deficiency limited to amount of indebtedness less sales price of home.

 The amount of time creditors can go after a deficiency judgment in the state of: California: No deficiency allowed under judicial foreclosure unless there is no redemption period, and no deficiencies are allowed under nonjudicial foreclosure. Deficiencies that are allowed are limited by fair market value of property.

 The amount of time creditors can go after a deficiency judgment in the state of: Colorado: Deficiency is allowed, but homeowners may claim the house sold for less than the fair market value as a defense against this.

 The amount of time creditors can go after a deficiency judgment in the state of: Connecticut: Deficiencies are allowed if they are pursued within thirty days of the end of the redemption period.

 The amount of time creditors can go after a deficiency judgment in the state of: Delaware: Deficiency judgment allowed if lawsuit filed on note. Not allowed in judicial foreclosure proceedings.

 The amount of time creditors can go after a deficiency judgment in the state of: District of Columbia: Deficiency judgments are allowed. If one is sought under judicial foreclosure proceedings, it may be entered in the foreclosure lawsuit.

The amount of time creditors can go after a deficiency judgment in the state of: Florida: Homeowners entitled to jury trial in deficiency case. Bank must have in-hand service on borrowers to include deficiency action in the foreclosure lawsuit.

 The amount of time creditors can go after a deficiency judgment in the state of: Georgia: Sale will not be confirmed unless court is satisfied the sales price was for the true market value of the house. No deficiency is allowed unless the bank makes a request to the court and the sale is confirmed.

 The amount of time creditors can go after a deficiency judgment in the state of: Hawaii: Allowed in some types of foreclosure, not allowed in others.

 The amount of time creditors can go after a deficiency judgment in the state of: Idaho: Lawsuit for deficiency must be brought within 3 months of the public auction. Deficiency limited by fair market value as of the date of the sale.

 The amount of time creditors can go after a deficiency judgment in the state of: Illinois: Deficiency judgments are allowed.

 The amount of time creditors can go after a deficiency judgment in the state of: Indiana: If there is an agreement and an applicable waiting period is not waived, a deficiency judgment may be obtained.  

 The amount of time creditors can go after a deficiency judgment in the state of: Iowa: Deficiency not allowed if nonjudicial foreclosure process is used. Otherwise, deficiencies may be limited by statute.

 The amount of time creditors can go after a deficiency judgment in the state of: Kansas: Deficiencies are allowed, but the court can refuse to allow confirmation of the sale or set an upset price.

 The amount of time creditors can go after a deficiency judgment in the state of: Kentucky: Deficiency allowed if homeowners fail to answer foreclosure lawsuit or if they are served with the paperwork in-hand.

 The amount of time creditors can go after a deficiency judgment in the state of: Louisiana: Deficiency only allowed in ordinary proceeding or executory proceeding if property has had an appraisal done under the state regulations.

 The amount of time creditors can go after a deficiency judgment in the state of: Maine: Deficiencies are limited to an amount set on the date of the sale. If the bank that owns the mortgage is the high bidder at auction, any deficiency is also limited to the fair market value of the property.

 The amount of time creditors can go after a deficiency judgment in the state of: Maryland: Report of sale and audit are required, but a deficiency can be obtained by filing a motion in court after the sale has been conducted.

 The amount of time creditors can go after a deficiency judgment in the state of: Massachusetts: If a deficiency is to be pursued, the bank must include a notice of intent to seek deficiency with the required Notice of Sale. This Notice of Sale must be served on the borrowers at least 21 days prior to the actual auction.

 The amount of time creditors can go after a deficiency judgment in the state of: Michigan: If the mortgagee bank purchases the property at auction, homeowners may use as a defense that the sale price was for less than the fair market value of the property.

The amount of time creditors can go after a deficiency judgment in the state of: Minnesota: Deficiency allowed, but limited by fair market value determined through a jury trial. If nonjudicial foreclosure is used and the six-month redemption period is available, no deficiency is allowed.

 The amount of time creditors can go after a deficiency judgment in the state of: Mississippi: Judgment allowed if suit filed within one year of the auction. If the mortgagee bank was the winner at auction, deficiency may be denied based on unreasonably low sales price.

 The amount of time creditors can go after a deficiency judgment in the state of: Missouri: Deficiency judgments allowed.

The amount of time creditors can go after a deficiency judgment in the state of: Montana: Allowed on a purchase money mortgage only under judicial foreclosure procedures.

 The amount of time creditors can go after a deficiency judgment in the state of: Nebraska: Suit must be brought within 3 months of auction date. A deficiency is limited to the lessor of the difference between the amount owed to the bank and the fair market value at the time of the sale, or the difference between the amount owed and the sales price at auction.

 The amount of time creditors can go after a deficiency judgment in the state of: Nevada: Allowed, but limited to the lessor of the following: the difference between the debt and the fair market value; or the difference between the debt and the sales price at auction, including interest from the date of sale.

 The amount of time creditors can go after a deficiency judgment in the state of: New Hampshire: Allowed if action is brought in court after sale.

 The amount of time creditors can go after a deficiency judgment in the state of: New Jersey: Judgment allowed only on the note after foreclosure, but no personal deficiency judgment allowed. Deficiency is limited by the fair market value of the property, and action must be brought into court within 3 months of sale.

 The amount of time creditors can go after a deficiency judgment in the state of: New Mexico: Allowed in judicial foreclosure, but property can not be sold for less than 2/3 of its appraised value. In nonjudicial foreclosure, creditor can sue for deficiency within 6 years of sale, unless property was occupied by a low-income household.

 The amount of time creditors can go after a deficiency judgment in the state of: New York: Deficiencies limited by fair market value of property, and are only allowed if homeowner was served in-hand or appeared for lawsuit.

 The amount of time creditors can go after a deficiency judgment in the state of: North Carolina: May be limited by fair market value in judicial cases. No deficiency allowed in nonjudicial foreclosure of purchase money mortgage.

 The amount of time creditors can go after a deficiency judgment in the state of: North Dakota: Deficiencies limited by fair market value or appraised value, but allowed on land of more than 40 acres. Not allowed on residential property of four or fewer units on less 40 acres.

 The amount of time creditors can go after a deficiency judgment in the state of: Ohio: Allowed but void after two years after sale date. The property can not be sold for less than 2/3 of its appraised market value.

 The amount of time creditors can go after a deficiency judgment in the state of: Oklahoma: Limited by fair market value as of auction date. Objections may be filed to confirmation of sale.

 The amount of time creditors can go after a deficiency judgment in the state of: Oregon: Deficiency judgments not allowed on judicial foreclosure proceedings involving residential mortgages, or in nonjudicial foreclosures.

 The amount of time creditors can go after a deficiency judgment in the state of: Pennsylvania: Allowed if a separate action is filed in court after auction. If the mortgagee purchases the property at auction, any deficiency is limited by the fair market value.

 The amount of time creditors can go after a deficiency judgment in the state of: Rhode Island: Deficiency judgments are allowed.

 The amount of time creditors can go after a deficiency judgment in the state of: South Carolina: Homeowners may request court to issue an order of appraisal within 30 days of the auction. If this is done, deficiency is limited by the amount of the debt over the appraised value.

 The amount of time creditors can go after a deficiency judgment in the state of: South Dakota: If mortgagee or holder of note purchases the property at auction, any deficiency is limited by the market value. In judicial foreclosure proceedings, a deficiency judgment may be barred. In cases of voluntary foreclosure, no deficiency or surplus is allowed.

The amount of time creditors can go after a deficiency judgment in the state of: Tennessee: Deficiency judgments are allowed.

 The amount of time creditors can go after a deficiency judgment in the state of: Texas: Action to pursue a deficiency must be brought into court within two years of auction date. If the borrowers ask the court to determine the fair market value, the deficiency may be limited or offset if the market value is greater than the price obtained at auction.

The amount of time creditors can go after a deficiency judgment in the state of: Utah: Action to pursue deficiency judgment must be made within three months of the sale date. Any judgment is limited to difference between the debt owed, including fees and charges on the account, and the fair market value.

 The amount of time creditors can go after a deficiency judgment in the state of: Vermont: In judicial foreclosure proceedings, the lender must request deficiency in original complaint and will be limited to the fair market value if the mortgagee is the winner at auction. In strict foreclosure proceedings, a separate judgment must be obtained and is limited by the fair market value.

 The amount of time creditors can go after a deficiency judgment in the state of: Virginia: Deficiency judgments are allowed.

 The amount of time creditors can go after a deficiency judgment in the state of: Washington: Deficiency judgments are allowed in judicial foreclosure proceedings, but not if nonjudicial foreclosure is pursued.

 The amount of time creditors can go after a deficiency judgment in the state of: West Virginia: Deficiency judgments are not allowed if the sales price is less than the amount of the indebtedness.

The amount of time creditors can go after a deficiency judgment in the state of: Wisconsin: Deficiency judgments are allowed if included in the foreclosure action, but court must be satisfied that the house sold for its fair market value. If a lender waives its right to deficiency, the redemption period is shortened.

The amount of time creditors can go after a deficiency judgment in the state of: Wyoming: Deficiency judgments are allowed if the homeowner is obligated by a separate written agreement.