Legal Question in Banking Law in Pennsylvania

morgage can't make payment

I have a morgage and another property they don't have a lean on if I can't make the payment can they take other property they don't have a lean on this is with a bank in Pa.


Asked on 6/04/07, 3:44 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: morgage can't make payment

You asked if a mortgage holder can take another property unrelated to the mortgaged premises.

Maybe. Once the mortgaged premises are foreclosed and sold there will either be an excess or a deficiency. If there is an excess (the property sold for more than you owed plus costs of sale) then you will get some money back. That never happens.

If the property is sold for less than is owed plus costs of sale then there is a deficiency. The deficiency is reduced to a judgment and the judgment creditor can then exercise the judgment. If no payment is forthcoming then the creditor can seize assets, including other properties of the judgment debtor.

Bet bankruptcy is looking better and better now.

Regards,

Roger

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Answered on 6/04/07, 9:28 pm


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