Title and legal

Deficiency judgment

A deficiency judgment is a court judgment against a borrower for the difference between what they owed on a loan and what a foreclosure sale actually brought in, when the sale price does not cover the debt. In Tennessee, a lender suing for a deficiency benefits from a legal presumption that the sale price reflected fair market value, which the borrower has to overcome with evidence.

Why it matters

A low sale price at foreclosure can leave you owing money on a house you no longer own.

In Tennessee: Tenn. Code Ann. § 66-8-101. This can work differently in another state.

General information, not legal or tax advice.

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