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Deficiency judgments in Tennessee are:

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Question & Answer

Review the question and all answer choices

A

Prohibited

Option A is incorrect because Tennessee does not prohibit deficiency judgments. The state allows lenders to pursue deficiency judgments after foreclosure if they follow proper legal procedures. This means a lender can potentially seek the difference between the foreclosure sale price and the outstanding loan balance. The misconception may arise from confusion with anti-deficiency laws in some states, but Tennessee has no such blanket prohibition against deficiency judgments when proper foreclosure procedures are followed.

B

Allowed if pursued within proper timeframe

Correct Answer
C

Automatic

Deficiency judgments are not automatic in Tennessee or any state. They require a separate legal process where the lender must prove the amount of the deficiency and obtain a court judgment.

D

Only for commercial property

Deficiency judgments in Tennessee apply to both residential and commercial properties, not just commercial ones. The type of property doesn't determine whether a deficiency judgment is available.

Why is this correct?

Tennessee allows deficiency judgments if the lender properly pursues them within the legal timeframe after foreclosure. This option correctly reflects Tennessee's position on deficiency judgments, distinguishing it from states that prohibit them entirely.

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