Even after foreclosures or short sales the homeowners are not safe – the threat of legal suits to recover due amount remains. Experts are expecting a flood of these lawsuits.
One of those who escaped this noose is Larry Thomas. Prior to selling off his house in Pompano Beach for peanuts he made a deal so that a mega unpaid debt will not continue to haunt him. He had insisted, American Home Mortgage – his lender, to agree that they would not chase him for $174,000 that remained due to them on two of his mortgages. It has spelt tremendous relief for Thomas, aged thirty two, working as the manager of a restaurant.
But there are many others who are not as lucky as Thomas. It is apprehended that the lenders will take recourse to a flood of legal suits against the borrowers of mortgage loans within the forthcoming years to recover the losses they suffered when foreclosure or short sale amount failed to cover the amount due to them. Professor Frank Alexander of Emory University, Atlanta fears that the problem will be dramatic “because the borrowers will not know it’s coming.”
As per the law in Florida State the banks can file such suits of deficiency judgment within five years from the date of sale. They will have 20 years time to collect the dues after filing the suit within stipulated time. The lenders would have a free hand to add frills to the wages and lay their claws on the assets of the previous borrowers.
Prior to the housing crisis very few lenders took recourse to this step. At that time foreclosures and or short sales were of very rare occurrence; neither did the borrowers have enough assets that were worth chasing. But in the days following the housing zoom that caused millionaire investors to mushroom overnight, defaulting became common for borrowers sitting on handsome assets.
In the next wave of the housing drama being staged those who are most at risk from being slapped with legal suits are furious homeowners who damage the properties they lose or walk away from them for having gone underwater. In both instances the banks are anxious to discourage them from such destructive behaviour.
Out of ten borrowers four have said they would think about walking away from underwater properties according Trulia as well as RealtyTrac.
Photo by Images_of_Money
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