Does my second mortgage qualify for Anti-Deficiency Protection?

Your second mortgage “qualifies” only if your property qualifies. Assuming your property qualifies, then the question becomes: was your second mortgage used to purchase the property? If so, then the second lender, like the first lender, can only look to the property for recapturing unpaid loan amounts. However, if the second mortgage is not purchase money, then your second lender has the option of pursuing any unpaid balance via the court system.

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Does My House/Property Qualify for Anti-Deficiency Protection? Part II

Are there any caveats written into a mortgage regarding deficiency judgments when the house was not purchased nor used as a “primary” residence? 

While the underwriting standards are different for principal residences versus second homes, the laws regarding anti-deficiency protections are blind to the type of investment in the property by the owner.

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What kind of property qualifies for anti-deficiency protection in Arizona?

I’m going to start something new today. I’ve put together around 60 questions in 10 topic areas regarding strategic default and/or underwater homes, and I’m going to start publishing them. Hope you all enjoy!

The first topic area is “Does My House Qualify for Anti-Deficiency Protection?”

What kind of property qualifies for anti-deficiency protection in Arizona?

In order to qualify for anti-deficiency protection in Arizona the property in question must (a) contain 2 ½ acres or less of land, and (b) be used as a one or two family dwelling.

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Housing Scorecard for August Released

The U.S. Department of Housing and Urban Development has released the August Housing Scorecard. Included in the report are detailed assessments of the 10 largest mortgage servicers participating in the Making Home Affordable (MHA) Program with results from the second quarter of 2011. According to HUD, in addition to providing greater transparency about servicer performance in the program, the servicer assessments are intended to set a new industry benchmark for disclosure around servicer efforts to assist struggling homeowners, while prompting them to correct identified deficiencies.

The August Scorecard shows the housing market remains fragile as data through July paint a mixed picture of recovery. Home prices as reported by S&P/ Case-Shiller and FHFA were up for the third consecutive month in July after several previous months of decline. Foreclosure starts and completions continued a downward trend, as mortgage aid programs are helping homeowners, although some of the decline remains due to lender processing issues delaying some foreclosure actions. The fragility of the market is underscored by the fact mortgage delinquencies rose slightly in July.

“Given the current fragility and recognizing that recovery will take place over time, the Administration remains committed to its efforts to prevent avoidable foreclosures and stabilize the housing market,” said Treasury Assistant Secretary for Financial Stability Tim Massad.

You can view the entire report on the HUD website.

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New Findings on Mortgage Serious Delinquency Rates

Serious delinquency rates for mortgages continue to stabilize across the largest 100 U.S. metropolitan areas, though they remain at historically high levels according to the latest data from Foreclosure-Response.org. Serious delinquency, defined as the share of loans in foreclosure plus the share of loans delinquent 90 or more days, fell 10% from the peak in December 2009 through March 2011. The 90+-day delinquency component of the figure fell from 5.5% of the mortgage market to 3.9% over the same period. However, the share of homes in foreclosure continues to rise, increasing 12% in that period.

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