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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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in a few months my home will be forclosed on. can i file for

Resolved Question:

in a few months my home will be forclosed on. can i file for bankruptcy to protect myself from being sued by the lender for the remaining balance?
Submitted: 7 years ago.
Category: Legal
Expert:  lwpat replied 7 years ago.
The State of Hawaii allows for both judicial and non-judicial foreclosures and the typical foreclosure takes place in as little as 60 days. Borrowers have no right of redemption after their property is sold in public auction in Hawaii and the lender has the right to seek a deficiency judgment for any amount due beyond the sale price of the property after the foreclosure sale. In the foreclosure process you can ask that they waive any deficience judgment so try that first. if they do get a judgment then you can file BK.
Customer: replied 7 years ago.
ok, for a simple minded person such as myself. basicly after forclosure, they sell at public auction, and the reminaing balance from the original loan (if any), i can get sued for. correct?
Expert:  lwpat replied 7 years ago.
That is absolutely correct. What you want to do in the foreclosure process is to ask them to waive any deficiency. some banks are doing that.

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