Foreclosure in Mililani>Question Details

Honugirl, Other/Just Looking in Mililani, HI

Can the amount of deficiency as a result of a foreclosure or deed-in-lieu of foreclosure be claimed in bankruptcy?

Asked by Honugirl, Mililani, HI Thu Oct 7, 2010

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4
Yes as long as the deficiency accrues before the filing of the bankruptcy.

Bob Patrick
Buy a home after foreclosure, short sale, deed-in-lieu-of or bankruptcy expert
0 votes Thank Flag Link Thu Oct 7, 2010
Yes - a deficiency can be claimed - regardless of state. Bankruptcy laws are Federal and apply nationwide.

Be sure that ALL debt is listed if it is a Chapter 7. You only want to have to do this once!

Good luck!

Gerry Dunn
Associate Broker
703-216-9100

Serving Maryland, Virginia and Washington, D.C. for 28 years
0 votes Thank Flag Link Thu Oct 7, 2010
Hi Honugirl. The answer is yes. In Florida homeowners are filing bankruptcy and listing these nefarious debts in their BKs. Each state has different rules, but I cannot imagine any state not allowing a debt (other than IRS/state taxes and child support) to be included in BK.

GOOD LUCK.

Scott Miller, Realty Associates, Boca Raton, FL
0 votes Thank Flag Link Thu Oct 7, 2010
Hi Honugirl,

What is the deficiency for?
What kind of bankruptcy?
Who is claiming the deficiency?
0 votes Thank Flag Link Thu Oct 7, 2010
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