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Colorado deficiency judgments are:

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Question & Answer

Review the question and all answer choices

A

Always prohibited

Always prohibited - Colorado does not prohibit deficiency judgments entirely. Many states have complete prohibitions, but Colorado allows them under specific circumstances, making this option incorrect.

B

Available in certain circumstances

Correct Answer
C

Automatic

Automatic - Deficiency judgments in Colorado are not automatic. The lender must file a separate lawsuit to obtain a deficiency judgment, which is not guaranteed even if pursued.

D

Only for commercial property

Only for commercial property - Deficiency judgments in Colorado apply to both residential and commercial properties, not just commercial ones. The availability is not property-type specific.

Why is this correct?

Deficiency judgments are available in Colorado but must be pursued through a separate court action. This means lenders can seek the difference between the foreclosure sale price and the loan balance, but they must initiate additional legal proceedings rather than automatically receiving the deficiency amount.

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