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Under Texas law, which of the following is TRUE regarding deficiency judgments after a residential mortgage foreclosure?

Correct Answer

D) The lender may pursue a deficiency judgment if the foreclosure sale price is less than the loan balance, subject to fair market value limitations

Texas allows lenders to pursue deficiency judgments after residential foreclosure, but the deficiency is limited by the fair market value of the property. If the property's fair market value exceeds the loan balance, no deficiency exists regardless of the sale price.

Answer Options
A
Texas prohibits all deficiency judgments after residential foreclosure
B
Deficiency judgments are only available for commercial property foreclosures, never residential
C
The lender automatically receives a deficiency judgment without filing a separate lawsuit
D
The lender may pursue a deficiency judgment if the foreclosure sale price is less than the loan balance, subject to fair market value limitations

Why This Is the Correct Answer

Texas allows lenders to pursue deficiency judgments after residential foreclosure, but the deficiency is limited by the fair market value of the property. If the property's fair market value exceeds the loan balance, no deficiency exists regardless of the sale price.

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