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A South Carolina lender obtains a court judgment in a foreclosure action and the property sells at auction for $180,000. The outstanding mortgage balance is $210,000. The lender wants to recover the remaining $30,000 from the borrower personally. Which legal action allows the lender to pursue this recovery in South Carolina?

Correct Answer

B) Seek a deficiency judgment against the borrower for the $30,000 shortfall after the foreclosure sale

In South Carolina, after a judicial foreclosure sale, if the sale proceeds are insufficient to satisfy the outstanding mortgage debt, the lender may seek a deficiency judgment against the borrower for the remaining balance. In this scenario, the $30,000 shortfall ($210,000 debt minus $180,000 sale price) can be pursued through a deficiency judgment, which allows the lender to collect from the borrower's other assets.

Answer Options
A
File a lis pendens to attach the borrower's other assets before the foreclosure sale
B
Seek a deficiency judgment against the borrower for the $30,000 shortfall after the foreclosure sale
C
Require the borrower to execute a deed in lieu of foreclosure for the deficiency amount
D
Automatically collect the deficiency from the borrower's escrow account without additional court action

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Related Topics & Key Terms

Key Terms:

deficiency_judgmentforeclosuremortgagesc_financingjudicial_foreclosure

Related Concepts

The secondary mortgage market is where existing mortgage loans are bought and sold between lenders, investors, and government-sponsored enterprises (GSEs) like Fannie Mae, Freddie Mac, and Ginnie Mae.

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.

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