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MY home in Maryland that I co-own with ex wife is being foreclosed…

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MY home in Maryland that...
MY home in Maryland that I co-own with ex wife is being foreclosed upon. I am remarried in Pennsylvania with a new home and mortgage. Can a deficiency judgement be held against me and my wife here in PA?
Submitted: 6 years ago.Category: Landlord-Tenant
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2/20/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,903
Experience: Lawyer; developer/owner of RE developments.
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Good afternoon. Unfortunately, the law of the state in which the real property is located controls. And, Maryland, unfortunately, is a deficiency state...which means the lender can pursue you for the deficiency...the amount owed over the amount of the foreclosure sale. Whether or not they will depends upon their assessment of the collectibility of a deficiency judgment. So, if you can convince them you have nothing for them to get, and that if they were to pursue a judgment, you would simply file for bankruptcy protection and get the judgment discharged-and even if you have no intention of doing so, it is still good leverage with the bank because they do not know you will not do so--- then it is unlikely the lender will spend the time and money necessary to get a judgment they believe is uncollectible in the end.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,903
Experience: Lawyer; developer/owner of RE developments.
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Customer reply replied 6 years ago
I understand they can still come after me in PA, but, can they touch assets I have with my spouse or just my personal assets.... of which their are none. Everything I have and own is jointly with my spouse
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
They can touch your sole and separate assets and they can go after jointly held assets...such as bank accounts in both your names. They can not go after her assets.
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