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A lender in Indianapolis holds a first mortgage on a property that has been foreclosed. At the sheriff's sale, the property sells for $180,000, but the outstanding mortgage balance is $210,000. After applying the sale proceeds to the debt, the lender wants to recover the remaining $30,000 from the borrower personally. Under Indiana law, which legal action allows the lender to pursue this remaining balance?

Correct Answer

D) The lender may seek a deficiency judgment against the borrower for the remaining balance

Under Indiana law, when the proceeds from a sheriff's sale are insufficient to satisfy the full mortgage debt, the lender may seek a deficiency judgment against the borrower for the remaining balance. A deficiency judgment is a personal judgment against the borrower for the difference between the foreclosure sale price and the outstanding debt. This is possible because the borrower signed a promissory note creating personal liability in addition to pledging the property as security.

Answer Options
A
The lender has no further recourse once the sheriff's sale is completed in Indiana
B
The lender may file a lis pendens to attach the borrower's other assets
C
The lender may file a mechanic's lien against the borrower's other real property
D
The lender may seek a deficiency judgment against the borrower for the remaining balance

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Related Topics & Key Terms

Key Terms:

deficiency_judgmentsheriff_saleforeclosurepersonal_liabilitypromissory_note

Related Concepts

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

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.

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