Ohio Foreclosure Questions -deficiency judgment.?

Question

I am in the first steps of foreclosure. Has anyone in Ohio gone thru this? My credit is already shot and we WANT to lose the home, due to having an adjustable rate mortgage, we can no longer afford it.
My worry and concern is the deficiency judgment balance I will owe after the sale.
How do they go about recovering that balance?? Can they garnish my wages? Take my cars? Is it criminal with possible jail time? Or will it just go on my credit report and thats it?? Please help if you know. Thanks so much

Also, please note - I already know, I cannot refinance or sell my property because we owe more than it's worth. I just want more info regarding the banks recovery of the deficiency balance. Thanks!

Answer 1

although i primarily broker real estate in illinois, illinois is like ohio in that deficiency judgment may be entered against you after the house sells by the bank after it is foreclosed on. in other words, if your house sells for less than the outstanding mortgage balance, the bank goes to court to get a judgment placed against you to pay the difference between these.

this is exactly like if you could not pay a visa bill or a hosptial debt. yes, they can garnish your wages. no, i really don't think they can take your cars since only a car repo company take your car if you don't pay the note. no, it is not a criminal action. this is a civil action. it will definitely be put onto your credit report along with the fact you were foreclosed on. it's really bad to show a foreclosure on your credit report.

the bankruptcy laws were changed about a year ago. since i am not a bankruptcy attorney, i cannot tell you what you could do to file for bankruptcy in YOUR case to help you. you should contact a bankruptcy attorney immediately. maybe you can get a chapter 13 restructure bankruptcy so that you do pay your outstanding creditors, but via one payment, perhaps with lower interest. again, i make no claim to being a lawyer. i broker real estate.

i am unhappy you got into that situation, which just reinforces my adverse view on adjustable rate mortgages taken without your full understanding of what could happen. anyone that takes one on their residence should get one with a "cap," i.e., that no matter how interest rates go, your rate can only go up to x cap. only a developer who is certain he already has his development funds lined up should take an adjustable without a cap, or for a short term such as a year. if you did that with your residence, you made a big mistake.

here is a link that can help you understand what will happen: http://www.larcc.org/pamphlets/housing/about_foreclosure.htm#deficiency%20judgment

there are many other links in reference to deficiency judgments. but i do suggest that you download a combined (of all search engines) search engine called copernic, which i've used for years. it's free at www.copernic.com.

try to sell before foreclosure. can you possibly get even the mortgage balance out of a sale? perhaps you can get a loan from relatives that will help you pay your costs of sale, including a listing broker. if you can do this, and you tell your bank you want to avoid incurring legal fees, do it as fast as you can. then call your bank, speak to the department handling your foreclosure, so that you can then talk to the law firm hired to do the foreclosure. have your realtor keep them informed of EVERYTHING, having first stated how you want to not pay legal fees on top of everything else. BECAUSE: A FORECLOSURE OR AN EVICTION is absolutely TERRIBLE on a credit report.

i hope this awful stressor on you is gone soon. take care of your health, in all ways including mental!

Answer 2

A deficiency judgment is simply a judgment for a dollar amount. They can seek to collect by levying on any assets you own or even by garnisheeing part of your income. Exactly what they can levy upon depends on state law. After they get the judgment they cannot throw you in jail for non-payment. They CAN however take your deposition & ask you to produce financial records & you can be thrown in jail for contempt of court if you fail to cooperate.

You may want to approach the lender & see if they'll waive the deficiency in exchange for your deeding the house back to them. They may even let you rent the place until they can find a buyer.

If all else fails & the deficiency they get is a large one, you may consider filing for bankruptcy protection.

Answer 3

It would depend on what you signed at closing. If you signed a "promissory" note, that means you personally promise to repay. Thus they can (not will) file a 1099 to the IRS of any deficiency in liquidating the property your defaulted on. Meaning any difference would become your income and taxable according to the IRS. If you are not in foreclosure but having some difficulties, you might consider this counseling service approved by HUD 888-995-HELP

Answer 4

You can file bankruptcy and you will no longer be responsible for the balance owed. They can get a judgment and garnigh your wages and/or savings and checking accounts.

Answer 5

If my house go s into a sheriff sale and it sells for much more then the balance owed , what will happen to the money over the balance owed?