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What happens to the borrower after a foreclosure on a ...
Sent to Legal Experts November 18 09:53 PM

What happens to the borrower after a foreclosure on a real estate purchase in Utah?

 

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November 18 10:52 PM (59 minutes and 19 seconds later)
         
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Generally speaking, after a substitute trustee is appointed by the lender to foreclose on the property, a sale of the property is scheduled and noticed in a local publication. Usually, the debtor can pay the loan up until the time of the sale to prevent foreclosure. If the sale goes forward, the lender will open bids on the property for the amount due on the note. The high bidder will gain title to the property via a substituted trustee's deed once it pays the amount bid to the bank. If more money is collected by the lender than needed to satisfy the debt, the lender should tender the excess funds to the debtor (or the next creditor, if any). If there is a deficiency, the lender can sue the debtor for the difference.

The debtor obviously loses any and all right, title and interest in the property after foreclosure and must vacat the premises. Other than credit issues, including a blemish for the foreclosure (and assuming that there is not a deficiency issue), nothing else really "happens" to the debtor after a foreclosure is concluded. It will be very difficult to borrow money from any lending institution for mortgage purposes.


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Edited by Adam Kirk on November 18 2007 at 11:00 PM
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November 19 11:30 AM (12 hours and 37 minutes and 52 seconds later)
         
Reply to Adam Kirk's Post: What happens if there is a defficiency, I was wondering if Utah is a non-recourse state?
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November 19 11:46 AM (16 minutes and 7 seconds later)
         
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If there is a deficiency, meaning that the loan is not totally paid off by the foreclosure proceeds, the borrower is liable for the difference. The lender, at its discretion, can sue the borrower to collect this sum.
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November 19 11:52 AM (5 minutes and 28 seconds later)
         
Reply to Adam Kirk's Post: What are my options to try and avoid a foreclosure?
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November 19 12:01 PM (8 minutes and 49 seconds later)
         
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If it is impossible to catch the loan up with your current lender, you could try re-financing with another lender. However, if the loan is 6 months or more overdue, no other bank is probably going to be willing to help. The next option is to ask the bank to accept a "deed in lieu of foreclosure". This process involves you deeding the bank the property without the necessity of a formal foreclosure. This is the bank's call - they can do it, but they certainly do not have to. The likelihood of whether the bank will accept a deed in lieu of foreclosure depends on whether it believes the house is worth at least what you owe on it. If this is the case, it may agree to the deed in lieu of foreclosure; if not, don't look for any favors. The gain for you personally is that you don't have to deal with the foreclosure and your credit report should not indicate that you've had a foreclosure in the past. The deed in lieu of foreclosure is the best route for you to take, assuming that you can't catch the loan up or refinance.
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