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FinancingState_specific_lendingHARD

Robert defaulted on his Alabama mortgage and the lender obtained a foreclosure judgment. The property sold at the foreclosure sale for $180,000, but Robert's outstanding loan balance was $210,000. The lender wants to recover the remaining $30,000 from Robert. Under Alabama law, what legal remedy is available to the lender to pursue this shortfall?

Correct Answer

B) The lender may seek a deficiency judgment against Robert through the court for the $30,000 shortfall

In Alabama, when a foreclosure sale does not generate sufficient proceeds to satisfy the full mortgage debt, the lender may seek a deficiency judgment against the borrower for the remaining balance. Because Alabama uses judicial foreclosure, the lender is already in court and can request the deficiency judgment as part of the foreclosure action or in a subsequent proceeding. The $30,000 shortfall ($210,000 loan − $180,000 sale price) can be pursued through this legal remedy.

Answer Options
A
The lender may automatically collect the $30,000 deficiency from Robert's other assets without further court action
B
The lender may seek a deficiency judgment against Robert through the court for the $30,000 shortfall
C
Alabama law prohibits deficiency judgments on residential mortgage loans, so the lender cannot recover the $30,000
D
The lender may only recover the deficiency by selling the property again during Robert's one-year redemption period

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Related Topics & Key Terms

Key Terms:

deficiency_judgmentforeclosure_shortfalljudicial_foreclosurealabama_mortgage_law

Related Concepts

Usury is the practice of charging an interest rate that exceeds the maximum rate permitted by state law. Usury laws protect borrowers from excessive interest charges on loans.

A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.

An adjustable-rate mortgage (ARM) has an interest rate that changes periodically based on market conditions, typically after an initial fixed-rate period. The rate adjustment is tied to a financial index plus a margin.

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