In Texas, a deficiency judgment after foreclosure is:
Question & Answer
Review the question and all answer choices
Always prohibited
Incorrect. Texas does not prohibit deficiency judgments entirely. Many students mistakenly believe Texas is a non-deficiency state, but it does allow them under specific circumstances, which is why option A is wrong.
Available for all foreclosures
Incorrect. Deficiency judgments are not available for all foreclosures in Texas. They are subject to specific limitations based on the type of foreclosure and the difference between debt and fair market value.
Available only for judicial foreclosures
Incorrect. Texas allows deficiency judgments in both judicial and non-judicial foreclosures, not limited to judicial foreclosures only. This misconception arises from states where only judicial foreclosures permit deficiency judgments.
Limited to the difference between debt and fair market value
Why is this correct?
Texas law limits deficiency judgments to the difference between the debt owed and the fair market value of the property, not the foreclosure sale price. This protects borrowers from excessive liability while still allowing lenders to recover some losses when the property sells for less than its worth.
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