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deficiency judgment
(redirected from Deficiency judgement)

   Also found in: Legal, Wikipedia 0.01 sec.
deficiency judgment

A lawsuit and judgment against a debtor for the remaining balance due on a promissory note after giving credit for any repossessed or foreclosed collateral.

Example:  Sarah has a mortgage for $200,000 on her home. She defaults on her loan, and the bank forecloses. The bank sells the home at a foreclosure auction to a third party who bids only $160,000 because the home has been allowed to deteriorate and needs many repairs. Sarah still owes the bank $40,000 unless she lives in a state that does not allow deficiencies on home loans. The bank may sue Sarah and obtain a judgment for $40,000, called a deficiency judgment.



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If the promissory note was made with a recourse clause then if the sale does not bring enough to pay the existing balance of principal and fees the mortgagee can file a claim for a deficiency judgement.
All Reverse Mortgage Loans are non-recourse loans, meaning that there could never be a deficiency judgement on the purchaser or the heirs.
The deficiency judgement would be calculated as the difference between the amount of the mortgage and the market value of the property or the highest bid at the foreclosure sale, which ever was higher.
 
 
 
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