If your have lost your home in a foreclosure sale in Burlington County or anywhere in South Jersey, you may be facing a deficiency judgment. Likewise, if you think that you will no longer need to worry about the lender who repossessed your vehicle, you may be surprised with a lawsuit trying to collect more money. When a mortgage company forecloses on a home or a lender repossesses personal property, you may be subject to a deficiency judgment if the creditor does not receive the full payoff when the property is sold.
Are You Liable For A Deficiency Judgment?
A deficiency judgment is a monetary judgment in favor of a mortgage company or lender who seizes and asset for non-payment and sells the assets at auction but does not receive the full payoff owed on the account. The creditor can ask the court to enter a deficiency judgment in an amount equal to the balance on the loan account after the proceeds of sale are applied to the account. The judgment will accrue interest from the date it is entered; therefore, the amount you owe will continue to grow each day that it is not paid.
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You are liable for the payment of a deficiency judgment. It is recorded at the county offices and it is reflected on your credit report. The judgment holder can pursue further legal action against you to collect a deficiency judgment. A deficiency judgment can keep you from buying another home, buying or leasing another vehicle and even opening a checking account at some banks. The creditor who took your home or car can continue to pursue you for the debt and even sell the debt to a debt collector who will harass you non-stop to pay the judgment.
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File a Bankruptcy to Discharge a Deficiency Judgment
If you have lost your home or other personal assets, you are probably struggling with debts. You can file bankruptcy to get rid of those debts including the deficiency judgment. When the bankruptcy court grants your discharge, the deficiency judgment creditor and any other creditors discharged in bankruptcy are barred from ever attempting to collect that debt again. You will no longer be legally liable to repay the deficiency judgment. A creditor is not permitted to take any further legal action against you regarding a debt discharged in bankruptcy.
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Schedule a Free Consultation with an Experienced Southern New Jersey Bankruptcy Attorney
I focus my law practice on bankruptcy, debt consolidation and credit repair. For your convenience, I offer free bankruptcy consultations during normal business hours as well as on weekends and after-hours. Whether you need a Chapter 13 or a Chapter 7 bankruptcy, I will help you find an affordable solution to your debt problems.
If you are having problems with debt collectors in Burlington County or anywhere in South Jersey, call The Law Office of Travis J. Richards, LLC in Mount Holly at 609-267-5297 or use our convenient online contact form to schedule an appointment today.
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