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Deficiency judgments in Missouri are:

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Question & Answer

Review the question and all answer choices

A

Prohibited

A is incorrect because Missouri is not a non-recourse state for purchase-money mortgages. Lenders in Missouri have the right to pursue deficiency judgments when foreclosure proceeds don't cover the outstanding loan balance.

B

Allowed through court action

Correct Answer
C

Automatic

C is incorrect because deficiency judgments are not automatic in Missouri. They require a separate legal action where the lender must prove the amount of the deficiency and obtain a court judgment against the borrower.

D

Only for commercial property

D is incorrect because deficiency judgments in Missouri apply to both residential and commercial properties. The distinction isn't based on property type but rather on the nature of the loan and foreclosure proceedings.

Why is this correct?

B is correct because Missouri law allows deficiency judgments but requires lenders to obtain them through court action rather than making them automatic. This legal process gives borrowers the opportunity to defend themselves before being held liable for the remaining debt after foreclosure.

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