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I had a home foreclosed on and sold in Charleston SC. Can a…

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I had a home...

I had a home foreclosed on and sold in Charleston SC. Can a deficiency judgment be placed against my home in TN

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Submitted: 1 year ago.Category: Real Estate Law
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8/5/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
Attyadvisor
Attyadvisor, Attorney
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Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

The lender can seek a deficiency judgement

"Deficiency judgments are allowed in South Carolina. To obtain a deficiency judgment, the complaint should contain language that indicates the lender is reserving the right to a deficiency. If the lender waives the right to a deficiency judgment in the complaint, it cannot later get one (S.C. Code Ann. § 29-3-660 and S.C. Rules Civ. Proc. Rule 71(b))."

http://www.nolo.com/legal-encyclopedia/deficiency-judgments-after-foreclosure-south-carolina.html

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

Does you judgment contain the language stated above? If not they cannot file anything against your TN home.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
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Customer reply replied 1 year ago
Can it be placed against my home if it is in TN
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

I apologize if my response was unclear.

"Can it be placed against my home if it is in TN"

The answer is only if the lender had reserved the right for the deficiency judgment. If the lender did not follow the procedures they could not come after you for the deficiency nor could they file a lien against your home in TN.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit from the site for my work and time I would appreciate it.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

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