Many states allow deficiency judgments in one kind of foreclosure, but not another. Often, a deficiency can be pursued in a judicial foreclosure, but not if a power of sale clause is used to auction a home outside of the court process. Homeowners should look up their own state laws and type of foreclosure being used against them.
The following list should be taken as a guide and not as legal advice or as particularly relevant to one borrower's case.
These states allow deficiency judgments without limits in certain kinds of foreclosure:
These states allow deficiency judgments with certain limits on the amount that can be granted in a judgment:
Deficiency judgments are not allowed on residential properties in Oregon under judicial foreclosure proceedings, and at all in power of sale foreclosures.
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