Legal Question in Credit and Debt Law in Maryland
Waiver of right to a deficiency judgment
A few months ago I found out that a bank I had a contruction loan with obtained a deficiency judgment on me put a lien on my house and garnished my wages. I have have recently found out that not only did they not serve me with any court papers they also signed a ''waiver of right to a deficiency judgment'' some 20+ months earlier. Because they have turned my life upside down and really waived their right to do so is that enough for me to take them to court.
1 Answer from Attorneys
Re: Waiver of right to a deficiency judgment
You do not necessarily have to be personally served with a lawsuit in order for a judgment to be obtained against you. If for some reason the creditor could not find you, and they certify to the court that reasonable attempts have been made, then they can serve you by posting a notice on the courthouse nearest to your last known address or by publishing a notice in the paper. However, if they say that you were personally served and you were not, and your name was forged to some kind of a deficiency waiver, then you may have a basis for reopening the case. I believe that must be done within one year of the entry of the judgment.
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