Legal Question in DUI Law in Kansas

If a home owner/buyer in the state of Kansas defaults on his mortgage and the house goes back to the lender, does the owner/buyer continue to have an indebtedness beyond the home he lost? Obviously his credit would be damaged.


Asked on 2/05/10, 5:34 am

1 Answer from Attorneys

Anthony Smith LawSmith

If the lender foreclsoed, thent eh borrower/debtor is liable in most cases for the differnece betwen what is owed form the foreclosure judgment and what the house brought at sale on the courthouse steps. If the bowwer gives teh house to teh lender without making them go through the formalities of a foreclosure, then they shoud negotiate that their continued obligation is waived, for not making them go through a foreclosure. Without such an agreemtn, teh borroower is still iable for eh entire amount of the note until the house is sold again, the lender gets to add the costs of any repairs they did to get it to sell plus realtor's fees in figuring out whether the borrower still owes them anything.

Good luck

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Answered on 2/17/10, 3:09 pm


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