Hi, I’m Mike Greiner. I’m a bankruptcy attorney here with The Financial Law Group, located here in Warren, Michigan. Our website is financiallawgroup.com and our phone number is (586) 693-2000. And I’m here to talk to you today about mortgage deficiency balances. What a mortgage deficiency balance is, is it’s the difference between what you owe on your mortgage payment, and what they sell the house for. So say, for example, you owed $100,000 on your house. Say that, and this is quite common in this economy, your house sells for $50,000 at the end of the day. The mortgage company can still come after you for that difference, that $50,000.
You may think, well I gave them my house, well I had spent all the money that I had, all the equity that I had in the house went away with it. That’s all true. But it doesn’t matter. What matters is the difference between what you owed at the time that the house was foreclosed on and what they sold the house for at the sheriff’s sale. If there’s a difference there then that’s called the deficiency and you’re still liable for it. That’s particularly a big problem if you have a second mortgage because usually what happens when you have a second mortgage situation and that would be like a home equity loan of some type, or a home improvement loan or even just a second mortgage, what usually happens with the second mortgage situation is that the first mortgage might even get paid off in full as a result of the sheriff’s sale.
But if that happens then the second mortgage get wiped out entirely. And again even though, you get wiped out entirely as a result of foreclosure that doesn’t mean you’re not liable for that mortgage anymore. And they will come out at to you, I just had a client coming a little while ago is being sued for $70,000 for a mortgage. A first mortgage where there was a deficiency but he put everything in hand to his house and the house was foreclosed on and they’re still coming after him.
The good news is, is that this is a kind of debt that can be discharged in bankruptcy. So if you’re facing a situation like this where your house has been foreclosed and might be facing a deficiency, the difference between what you owe and what they sell the house for, um, and you’re concerned about them coming after you, I would strongly suggest you come in and see me. I do offer free consultations.
My phone number’s 586-693-2000 and if you’re interested in meeting about this or any other issue. I’ll be happy to meet with you personally.