New Tennessee Mortgage Foreclosure Deficiency Law

New Tennessee Mortgage Foreclosure Deficiency Law
Banks and Mortgage Lenders Limited to Two Years to Pursue Deficiency Judgment After Foreclosure
Law Both Helps and Hurts Homeowners Facing Foreclosure

Many financially distressed homeowners who are facing foreclosure are concerned about the potential for a post-foreclosure deficiency judgment (basically the difference between what is owed plus foreclosure and holding costs less the amount of net proceeds received by the bank due to the foreclosure sale). The New Tennessee Mortgage Foreclosure Deficiency Law helps borrowers by limiting that “foreclosure deficiency window” to 2 years, but it also establishes a calculation for the mortgage foreclosure deficiency. Namely, the law allows the banks and mortgage lenders to take the amount owed, add sale and holding costs to that figure and then use the foreclosure sale price as the “market value”. Since foreclosures generally sell for below market this exacerbates the mortgage foreclosure deficiency amount, and, thus this new law could potentially hurt financially struggling former homeowners who lost their home via foreclosure. Therefore, even with the protection this new law offers former homeowners who where foreclosed, it still does little to address the fact that short sales are a much better alternative financially for homeowners versus foreclosure.

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