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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Can my state of pennsylvannia house be leined and taken away from me.

Customer Question

i own two north carolina propertys on the outer banks (lots). I have been trying to sale them but cannot so far at this time. i cannot aford to carry them any more. If I default on the loans can i loose my residence where i live in Pennsyvannia even if i maintain my mortgage satisfactorly. What do you see as my future. both propertys when purchased i put 20% down.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Thank you for your question. I am happy to assist you.


If you do not pay your mortgage, a lender can foreclose on your property. North Carolina does not have an anti-deficiency statute. Deficiency judgments resulting from foreclosure can be obtained in North Carolina.

A lender can take action to collect on a deficiency judgment, including garnishing bank accounts, liening your home in PA and other assets.

One possible solution is called a "deed in lieu of foreclosure".

This procedure allows you to transfer your property voluntarily to your lender or Mortgage Company in exchange for forgiveness of your indebtedness.
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
do you mean if i pay my motgage on mt peensylvannia property even if it has a lein they cannot force me to sell it.
Customer: replied 7 years ago.
thanks but can you be more specific . if my house has a lein on it can the lender force me t0 sell it. thanks
Expert:  Ellen replied 7 years ago.
The lender can obtain a deficiency judgment and record the deficiency judgment against your home. It would be a lien secondary to your existing mortgage. When you sell the house, it would need to be paid.

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