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Deficiency Judgment

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missflo

Member
What is the name of your state (only U.S. law)? New Mexico

About six years ago, I ran into serious financial problems and was unable to catch up on the mortgage for a home that I had purchased as an investment.
Unfortunately, I lost the home through foreclosure. I later learned that the mortgage company had sold the home and obtained a deficiency judgment against me. Although I did not receive notice to this effect, I did confirm it online by searching the court case relating to this matter. What I do not understand is why I have since purchased and sold several properties, all of which were handled by title companies which issued title binders and/or title policies both to myself, in some cases and the buyers, in others.
Although I am not complaining, I am wondering why this deficiency judgment did not interfere with obtaining clear titles and did not show up as a lien against me or the properties. Can someone explain how this type of judgment works and how or if it differs from a lien?
 


FlyingRon

Senior Member
The judgement doesn't cloud other titles in itself. A title insurer isn't too concerned with a pending judgement on you when you are buying (though lenders often are). When you sell they get slightly concerned if they fear the judgment somehow got perfected by attaching the title of the insured property, but out-of-state judgements that were never perfected tend not to get noticed.
 

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