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What Is A Deficiency Judgment?

Personal liability for defaulted secured debt is a major reason why you need to have an experienced bankruptcy and foreclosure defense lawyer on your side. Deficiency judgments are the amount still due to the bank after the loss of your home. Smart legal counsel can make certain that your future is legally protected from deficiency judgments. This is especially true if you are, like most Connecticut homeowners, “underwater” on your mortgage. Our informed legal advocates know when to protect your future from the disastrous results of deficiency judgments. We provide you with sound strategies to have success in dealing with any foreclosure, mortgage modification, short sale and/or bankruptcy process.

What Is Financial Hardship?

Any type of financial problem that happens to anyone in a household can be considered a hardship. Financial hardship is a very important buzzword to know when dealing with the world of mortgage modification. Many people often face foreclosure for reasons beyond their control. Many are underemployed or have family members who are underemployed. Their challenges can make it difficult to make mortgage payments.

To read more about how Financial Hardships are determined, click here

What Happens if the Bank Sends Back My Mortgage Payment?

Banks sometimes return payments to borrowers instead of cashing them. This very often happens if a loan payment is late. If this happens to your payments, you can still save your home. Many mortgage modifications are granted even after mortgage payments have been returned uncashed. Unfortunately, returned payments are often a sign that the bank is preparing to foreclose.

If a bank sends back your mortgage payment, seek immediate experienced advice.

If a bank returns a payment instead of cashing it, be certain not to spend the money! Saving uncashed, returned payments is often the key to successfully saving a home through governmental plans or private mortgage modification.

Should I Pay My Second Mortgage While Requesting a Modification of My First if It’s the Same Company?

Although first and second mortgages may involve the same banks or servicing companies, most modifications don’t connect first mortgage defaults with second mortgage defaults, even if it’s the exact same lender. This is primarily due to the fact that lenders don’t look carefully at a borrower’s overall financial condition and instead take a short-term view by conforming your income numbers to your first mortgage only. This is a mistake, but it could work to your advantage.

Can I Get a Mortgage Modification if I Have a Second Mortgage or Equity Loan?

Yes, Borrowers are often still eligible for mortgage modifications regardless of the existence of a second mortgage or equity line even if that mortgage is in default. Lenders often only care about granting modifications that provide them with government money, and not the homeowner’s overall chances for long-term success. The existence of the second mortgage can complicate the modification process. As a result, you should address the secondary problem with knowledgeable professionals, but you should not let it dissuade you from seeking a mortgage modification or agreeing to a written permanent modification of your first mortgage.

  • Concentrate on your first mortgage and actively seek and agree to permanent mortgage modification that only addresses first mortgage problems.
  • Although second mortgage default needs to be addressed eventually, don’t confuse your request for a first mortgage modification with discussion of your second mortgage problems. It all only serves to decrease your chances for a good modification. Address second mortgage problems later.