Legal Question in Credit and Debt Law in Ohio

My home is in foreclosure, I am not married at this time. If they don't get enough from the Sheriffs sale to cover what I owe. Can they come back on me for this amount. And if I get married at a later date can they come back on him for any of this amount.


Asked on 1/13/10, 3:19 pm

1 Answer from Attorneys

Harold Paddock Harold Paddock Co. LPA

Generally, yes, a mortgage company can come after the borrower for the shortfall if the sale proceeds do not cover the debt. That is called a deficiency judgment. And no, a later marriage would not wipe out the debt. HOWEVER, you can negotiate with your lender about waiving the deficiency judgment. I would suggest that you talk to a HUD certified housing counselor (their services are free) or an attorney who has done foreclosure work to see if they can help you negotiate a deal with your lender.

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Answered on 1/19/10, 6:48 am


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