Many homeowners don’t comprehend this, but there are many rules in place that keep your lender from taking advantage of you, while they are foreclosing on your home. Every day, I hear: My bank just wants to take my home because it’s worth more than the payoff. In some cases, this may be the case, but by law, your mortgage company must sell the home for its fair market value and pay you any proceeds over and above the amount owed. Lenders may try and take advantage of the fact that most borrowers don’t know the laws when it comes to foreclosure, but we’ll help you understand your rights and hopefully get some money back if you’ve lost your home.
The main issue we’ve seen is when lenders accept an offer on the home as quickly as possible, just to pay off the mortgage. After the foreclosure and eviction, mortgage companies seem to forget about following the laws. For example, lets assume your home is worth $300,000, but your total payoff is only $275,000. Your mortgage company has a legal responsibility to sell the home for it’s fair market value, which is $300,000. This would leave $25,000 for you. What usually ends up happening is the bank accepts the first offer they receive of, lets say, $250,000, then they sue the home owner for a $25,000 deficiency judgment.
In a case where the bank has a legal responsibility to pay $25,000 to the homeowner, instead they end up stealing the home and suing the homeowner for an additional $25,000. There is absolutely no reason the homeowner should have to pay for the the lenders neglect to sell the home at a fair price.