A Maine lender holds a first mortgage on a residential property in Lewiston. The borrower defaults, and the lender obtains a judicial foreclosure judgment. After the foreclosure sale, the sale proceeds are insufficient to cover the full outstanding loan balance. The lender wants to recover the remaining amount from the borrower. Which legal remedy allows the lender to pursue the borrower for the unpaid balance after a Maine judicial foreclosure sale?
Correct Answer
D) The lender may seek a deficiency judgment from the court to recover the remaining balance from the borrower personally
In Maine's judicial foreclosure process, if the foreclosure sale proceeds do not fully satisfy the outstanding mortgage debt, the lender may petition the court for a deficiency judgment. A deficiency judgment is a court order holding the borrower personally liable for the difference between the foreclosure sale price and the total amount owed. This is a separate legal action from the foreclosure itself and requires additional court proceedings. Maine courts have discretion in awarding deficiency judgments and may consider the fair market value of the property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
TILA is a federal law that requires lenders to disclose the true cost of credit to borrowers, including the annual percentage rate (APR), total finance charges, and loan terms. It is implemented by Regulation Z.
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.
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