Wednesday, March 9, 2011

New Tennessee Mortgage Foreclosure Deficiency Law

New Tennessee Mortgage Foreclosure Deficiency Law
Banks and Mortgage Lenders Limited to Two Years to Pursue Deficiency Judgment After Foreclosure
Law Both Helps and Hurts Homeowners Facing Foreclosure

Many financially distressed homeowners who are facing foreclosure are concerned about the potential for a post-foreclosure deficiency judgment (basically the difference between what is owed plus foreclosure and holding costs less the amount of net proceeds received by the bank due to the foreclosure sale). The New Tennessee Mortgage Foreclosure Deficiency Law helps borrowers by limiting that "foreclosure deficiency window" to 2 years, but it also establishes a calculation for the mortgage foreclosure deficiency. Namely, the law allows the banks and mortgage lenders to take the amount owed, add sale and holding costs to that figure and then use the foreclosure sale price as the "market value". Since foreclosures generally sell for below market this exacerbates the mortgage foreclosure deficiency amount, and, thus this new law could potentially hurt financially struggling former homeowners who lost their home via foreclosure. Therefore, even with the protection this new law offers former homeowners who where foreclosed, it still does little to address the fact that short sales are a much better alternative financially for homeowners versus foreclosure.

Free* Short Sale and Foreclosure Help and Assistance for Nashville, Brentwood, Franklin, Nolensville, Spring Hill, Murfreesboro, Smyrna, La Vergne, Columbia, Mt. Juliet, Springfield, Gallatin and Middle Tennessee Financially Distressed Homeowners and Property Owners. Stop the Bank from Foreclosing with a Quick Cash Offer or Short Sale. If you are a Nashville Tennessee, Franklin Tennessee, Brentwood Tennessee, Nolensville Tennessee, Spring Hill Tennessee, Murfreesboro Tennessee, Smyrna Tennessee or La Vergne Tennessee homeowner, property owner, condo owner, real estate investor, home builder or real estate developer who cannot pay your mortgage payments (due to losing your job, having your income reduced, illness, health problems, adverse business conditions, slow sales, loss of investment property tenants, vacancy issues, lack of funds to complete the project, feuding business partners, etc.), know that you will not be able to pay your mortgage, have defaulted on your mortgage, are already in foreclosure, or owe more than your home is worth, please contact Jim to discuss a short sale (when the real estate sale proceeds are not sufficient to pay off the mortgages and liens on the property). Jim helps sellers (homeowners, property owners, condo owners, owners of high end homes and properties (estate homes, luxury homes and executive homes), real estate investors, home builders and real estate developers) of distressed real estate, short sales, pre-foreclosures, foreclosures, investment properties, failed new construction projects and struggling commercial real estate developments located in any Middle TN County (Rutherford, Williamson, Davidson, Maury, Sumner & Robertson). If you need to short sell your house or property, or you need a quick sale to stop a foreclosure sale, you can Get Free* Short Sale and Foreclosure Help and Assistance from a Nashville Tennessee and Middle Tennessee Short Sale and Foreclosure REALTOR, Real Estate Expert and Real Estate Investor. (*Free: In a real estate short sale, the bank or mortgage company usually approves and pays all of Jim's commissions and fees.)

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