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Collections Advice on Deficiency Judgment

Mark Cappel
UpdatedApr 18, 2024

I own two properties. If the lender forecloses on one is my other property in jeopardy for collections?

I have 2 properties... 1 in New Jersey (vacation home), 1 in Pennsylvania(primary)... the property in NJ is 4 months late on payments (I am currently on a loan modification).... the property in PA is current on payments.... I can no longer afford the two properties and don't want to lose the house in PA.... if they foreclose on the house in NJ (which I see as the only option because even though it is on the market it is not selling) can anything happen to my property in PA even if I am current on payments?

Let us assume for the sake of argument the mortgage holder on the New Jersey property forecloses, sells the property at auction, and there is a resulting deficiency judgment. The deficiency is like any other unsecured debt and as such is legally identical to credit card debt, medical debt, or a payday loan.

See the Bills.com resource Collections Advice to understand your rights and liabilities in the situation you described if you take no action to resolve the debt.

You have options for resolving the hypothetical debt. See What Are My Debt Consolidation Options? for more information.

If the New Jersey property was your primary residence, I would suggest you review the Making Home Affordable program.

I hope this information helps you Find. Learn & Save.

Best,

Bill

www.bills.com/

Debt statistics

Mortgages, credit cards, student loans, personal loans, and auto loans are common types of debts. According to the NY Federal Reserve total household debt as of Q4 2023 was $17.503 trillion. Housing debt totaled $12.612 trillion and non-housing debt was $4.891 trillion.

According to data gathered by Urban.org from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1,739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 10% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.

Collection and delinquency rates vary by state. For example, in Wisconsin, 16% have student loan debt. Of those holding student loan debt, 6% are in default. Auto/retail loan delinquency rate is 3%.

While many households can comfortably pay off their debt, it is clear that many people are struggling with debt. Make sure that you analyze your situation and find the best debt payoff solutions to match your situation.

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