Can a mortgage lender sue me for the difference after a foreclosure?

UPDATED: Sep 30, 2022

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Can a mortgage lender sue me for the difference after a foreclosure?

I owned a home in Virginia that was
foreclosed on ten years ago, in April of
2007. Is there any possibility that, after
all this time, the mortgage lender will
attempt to collect the difference between the
balance of the mortgage and what the home
sold for after foreclosure? Is there a
statute of limitations on that?

Asked on January 8, 2017 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is too late to sue you for the deficiency judgment (though if they had not waited so long, they could have): the statute of limitations for this suit would be the one for written contracts (since it would be based on breach of the mortgage, a written agreement), which is only five (5) years in your state. So if you defaulted at least 10 years ago, it is now too late for them to sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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