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Pointers on a Home Equity Loan After a Foreclosure

My home went into foreclosure. Will I still be responsible for the equity loan?

My home went into foreclosure. My online banking account shows the mortgage balance of $0 yet it still shows my home equity loan balance. Will I still be responsible for the equity loan if I loose my home? I thought a home equity loan uses the home as collateral?

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Bill's Answer
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Bills.com | Find Learn Save

If you lose your home due to foreclosure on your first mortgage, you will likely still be responsible for the home equity loan that you took out against the home. The equity loan will no longer be secured by the property, but it will become a personal liability, and the creditor may be able to continue collection action, possibly even filing a lawsuit against you to recover the debt. In addition, if the auction of the home after the foreclosure does not cover the full balance of the first mortgage, then you may also be liable for a deficiency balance on the first mortgage. Again, this could lead to collection action up to and including a lawsuit being filed to collect the debt. If the auction proceeds are sufficient to cover all of your mortgages and home equity loans, then you may be able to walk away with no further obligation.

Foreclosure is a very difficult process which can, not only force you from your home, but can also leave you owing thousands of dollars in fees and deficiency balances. Unfortunately, with the recent downturn in the housing market, more and more consumers are finding themselves in the same dilemma you are facing. To learn more about foreclosure, I encourage you to visit the Bills.com foreclosure page.

I wish you the best of luck, and hope that the information I have provided helps you Find. Learn. Save.

Best,

Bill

www.bills.com/

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5 Comments

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  • EL
    Jul, 2010
    Equity
    Equity Loan is just another name for a Loan or a Mortgage. You are still risking your home to borrow more using the equity built up in your property. As with all kinds of credit, make sure you can repay the loan repayments and do proper due diligence before taking out the equity loan. cheers, Rob
    0 Votes

  • BA
    Jun, 2010
    Bill
    It is unfortunate that you did not share more facts about your situation -- such as in which state your property is located -- because Bills.com has written extensively about foreclosure and alternatives. Read the information on the two links I just mentioned, and ask follow-up questions here or on those pages.
    0 Votes

  • 35x35
    Jun, 2010
    Euel
    My home only has a equity loan of 150,000 on it and I own nothing else. I can't sell it and I can't get the bank to come down on the monthly payments what will happen to me and the home?
    0 Votes

  • BA
    Sep, 2008
    Bill
    After the home is foreclosed, it will be auctioned and the proceeds will be applied to the loan amount you owe to the lender. Any remaining amount (after costs and fees) will be returned to you.
    0 Votes

  • 35x35
    Sep, 2008
    Tina
    I put down $65,000. on a $164,000 home. The home foreclosed. What happens to the down payment? Do I get that back?
    0 Votes

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