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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can lender garnish my incom after a foreclosure of my house

Resolved Question:

Can lender garnish my incom after a foreclosure of my house in Arizona?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Roger replied 6 years ago.

Yes, it is possible in certain situations. A deficiency judgment may be obtained when a property in foreclosure is sold at a public sale for less than the loan amount that the underlying mortgage secures.


HOWEVER, lenders are prohibited by statute (33-729) from obtaining deficiency judgments in foreclosures where the land size is 2.5 acres or less and where the property was used as either a single one-family or single two-family dwelling.


Deficiency actions must be brought within 90 days of a power of sale foreclosure. Any judgment is limited to the difference of the balanced owed and the fair market value of the property.

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