Topic
Deficiency Judgments
18 published works
Indiana Commercial Foreclosure Law
Apparent Windfall Not Enough to Set Aside Federal Foreclosure Sale or Negate Deficiency Judgment
Lesson. Judgment debtors (defendants) concerned about liability for a post-sheriff’s sale deficiency judgment should closely monitor the sale process and, if possible, take action to maximize the value of the…
Tucker Arensberg Blog
Court Confirms Junior Lien Creditor’s Right to Enforce Deficiency Judgment Act Against Senior Creditor Who Fails to File Petition to Fix Fair Market Value
Aaron J. Walayat, Esq., awalayat@tuckerlaw.com, (412) 594-3935 In a February 11, 2022 Order, the Court of Common Pleas of Washington County granted a Petition to Compel Satisfaction of Liens under…
Indiana Commercial Foreclosure Law
Does A Deed-In-Lieu Of Foreclosure Automatically Release A Borrower From Personal Liability?
A deed-in-lieu of foreclosure (DIL) is one of many alternatives to foreclosure. For background, review my post Deeds In Lieu Of Foreclosure: Who, What, When, Where, Why And How. Today…
Indiana Commercial Foreclosure Law
Impact of 1099-C Filing On Indiana Deficiency Judgments
Lesson. The filing of a 1099–C form (“1099-C”) does not, in and of itself, operate to extinguish a deficiency judgment under Indiana law. Ultimately, however, lenders should consult with their…
A Lawyer's Blog
A FORECLOSURE SALE UNDER THE UCC
It differs from a real property mortgage foreclosure sale.Laskaratos v Bay Ridge Hoyt Lender, LLC, 2020 NY Slip Op 04152, Decided on July 22, 2020, Appellate Division, Second Department:"In an…
Financial Services Perspectives
Ruling Eases Lenders’ Path to Deficiency Judgments in NC
Winning a deficiency judgment following foreclosure may become less costly for lenders following a May 5 ruling by the North Carolina Supreme Court in United Community Bank v. Wolfe. Reversing…
South Florida Trial Practice
It’s a Deficiency Decree, Not a Consumer Debt: FCCPA Does Not Apply to Actions for Deficiency
By David Greene
Florida’s Second District Court of Appeal recently addressed an interesting question concerning whether Florida’s Consumer Collection Practices Act applies to an action seeking a deficiency decree. In the situation presented,…
Financial Services Perspectives
New York Court of Appeals Clarifies Deficiency Judgment Affidavit Expectations
By David Roth
After a long stretch of inactivity in the default space, the New York Court of Appeals recently returned to the subject with an opinion addressing its expectations regarding affidavits used…
Bank Law Monitor
Washington Supreme Court Confirms Guarantor Liability Following Foreclosure
The Washington Supreme Court has confirmed a personal guarantor’s liability to a lender following the lender’s nonjudicial foreclosure of its borrower’s real property collateral. In Washington Federal v. Harvey/Washington Federal…
Southeast Financial Litigation Monitor
Georgia Appeals Court Holds that Guarantor Waived Right to Judicial Confirmation of Foreclosure Sale Price
By Jamie Cohen, Matthew B. Ames
A surprising ruling by the Georgia Court of Appeals may relax Georgia law’s requirement that foreclosure sales must be confirmed by the courts before the lender can pursue a deficiency…