What type of answer do I need to submit in response to a foreclosure summons so that I won’t have to pay the deficiency when the home sells?

Foreclosure is in a judicial state.

Asked on June 8, 2012 under Real Estate Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is good that you are going to submit a timely answer to the complaint.  But I do have to tell you that there are no magical words - unless your particular circumstances warrant - to stop a lender from suing you for the deficiency once the proeprty has sold for less than the mortgage.  Unless they waive it in some agreement you will be stuck for it.  I would suggest that you get some legal help if you think that there has been predatory lending, etc. that may influence the outcome.  Good luck.


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