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Ellen
Ellen, Lawyer
Category: Criminal Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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i am 3 months on mortgage payments behind. I am thinking abo

Resolved Question:

i am 3 months on mortgage payments behind. I am thinking about foreclosing on my house and moving to a different state. Do I have to be present for the court date. Would I be getting in trouble if I dont show up and the foreclose on my property?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ellen replied 7 years ago.
Hello,

What state is the house located in?
Customer: replied 7 years ago.
nc
Expert:  Ellen replied 7 years ago.
Hello,

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 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.
Customer: replied 7 years ago.
I understand, but what if I just decide to proceed with my moving to a different state, and I just leave the properties s is? If I dont show up for the court dates. Will that get me in trouble with the law?
Expert:  Ellen replied 7 years ago.
Hello,

It is not a criminal offense to allow the bank to proceed with its foreclosure. You can vacate the property and move to a different state without criminal liability for doing so. There is no criminal liability associated with not attending court dates unless the court has subpoenaed you.

The result of your failure to appear in the foreclosure will be that the lender obtains a default judgment and forecloses. The house may be sold at auction and any amount still owing would be a deficiency judgment against you.

I hope this helps you.
Customer: replied 7 years ago.
I also forgot to mention that I am a permanent resident in the US and eligible for citizenship. will that affect my status, and will it hinder me from applying for citizenship or extending my permanent residency since it will expire in 2 years.
Also what do you mean "court has subpoenaed"
If there is a deficiency judgement against me- do I have to pay it back?
Thank you :)
Expert:  Ellen replied 7 years ago.
Hello,

I also forgot to mention that I am a permanent resident in the US and eligible for citizenship. will that affect my status, and will it hinder me from applying for citizenship or extending my permanent residency since it will expire in 2 years.
You can submit this question to our immigration law experts after you have accepted this answer.

Also what do you mean "court has subpoenaed"
This means that the court ordered you to appear. This would not typically occur.

If there is a deficiency judgement against me- do I have to pay it back?

Yes
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