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Ray, Lawyer
Category: Legal
Satisfied Customers: 40120
Experience:  30 years in civil, probate, real estate, elder law
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My husband and I received a $50,000 loan from Mazuma Credit

Customer Question

My husband and I received a $50,000 loan from Mazuma Credit Union in 2009. My husband paid $20,000 on the loan before he died in 2012. We used our home worth approx.. $80,000 as collateral. I signed a deed in lieu in 2013 and turned the house over to Mazuma. Mazuma now wants to sue me for $48,000 for default on the loan. What can I do to rectify this situation?
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
In your case if they accepted a deed in lieu it should prevent them from suing you and is a valid defense.You may want to get a certified copy of the deed in lieu from county deed records again it should be enough to back these folks at Mazuma off.
It should have legally prevented them from suing you for any deficiency judgment since they accepted the deed in lieu and it acts as a defense to any suit arising from the transaction.Unless there was a second lien note here the primary one should have been resolved by a deed in lieu assuming it granted you a full satisfaction and release.
You may want to respond with copy of the deed in lieu again from what you present it is a bar to a suit on the primary note since that was the inducement in signing the deed in lieu here.
In Missouri, a lender can get a deficiency judgment following a deed in lieu of foreclosure. To avoid a deficiency judgment with a deed in lieu of foreclosure, the agreement must expressly state that the transaction is in full satisfaction of the debt. If the deed in lieu of foreclosure agreement does not contain this provision, the lender may file a lawsuit to obtain a deficiency judgment against you.
So check here if it expressly states full satisfaction they cannot sue here.This may get them to back off here because legally here in Missouri it should act as a bar to suit.
You may file Chapter 7 bankruptcy if you have to in order to discharge the debt and any others you have here.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

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