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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7225
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I had a home foreclosed on and sold in Charleston SC. Can a

Customer Question

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: 2 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 2 months 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

Expert:  Attyadvisor replied 2 months ago.

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

Expert:  Attyadvisor replied 2 months ago.

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Expert:  Attyadvisor replied 2 months ago.
Do you have any additional questions for me?
Customer: replied 2 months ago.
Can it be placed against my home if it is in TN
Expert:  Attyadvisor replied 2 months 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.

Expert:  Attyadvisor replied 2 months 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.

Expert:  Attyadvisor replied 2 months ago.

Do you have any additional questions for me? Are you online with me?