If I own 2 house, one a rental and one primary and I foreclose on my primary can they lien my rental house which has no mortgage if I move into it? I may be forced to do this because of insurance going up to high and my husband becoming disbabled.

If there is a balance due on foreclosure then yes they can attach anything you own.

Thank you, that's what I thought, I will maybe purse deed in lieu

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Originally Posted by blueyeslaughing

... can they lien my rental house which has no mortgage ...

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Originally Posted by califdadof3

If there is a balance due on forclosure then yes they can attatch anything you own.

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No, I don't think so. The mortgagee can foreclose on the "primary" if it has a mortgage in that house. But it cannot put a lien on other property owned by OP unless they first get a judgment against her. And in some states under some circumstances they cannot get a deficiency judgment.

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Originally Posted by AK lawyer

No, I don't think so. The mortgagee can foreclose on the "primary" if it has a mortgage in that house. But it cannot put a lien on other property owned by OP unless they first get a judgment against her. And in some states under some circumstances they cannot get a deficiency judgment.

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Can you quote some of the states that are like that? I had always heard that they can when there is a balance still come after you unless it is in lieu.

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Originally Posted by califdadof3

Can you quote some of the states that are like that? I had always heard that they can when there is a balance still come after you unless it is in lieu.

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Certainly.

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AS 34.20.100. Deficiency Judgment Prohibited.
When a sale is made by a trustee under a deed of trust, as authorized by AS 34.20.070 - 34.20.130, no other or further action or proceeding may be taken nor judgment entered against the maker or the surety or guarantor of the maker, on the obligation secured by the deed of trust for a deficiency.

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Alaska Statutes: AS 34.20.100. Deficiency Judgment Prohibited.

Granted, my state may be different than others, and since we rarely use mortgages but instead favor deeds of trust, I don't recall whether we have a non-deficiency statute for mortgages, but that's one example.

Also, when a bank holds the paper on two different properties, they can take both if their mortgages or deeds of trust contain so-called "dragnet clauses".

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Originally Posted by AK lawyer

Certainly.
Alaska Statutes: AS 34.20.100. Deficiency Judgment Prohibited.

Granted, my state may be different than others, and since we rarely use mortgages but instead favor deeds of trust, I don't recall whether we have a non-deficiency statute for mortgages, but that's one example.

Also, when a bank holds the paper on two different properties, they can take both if their mortgages or deeds of trust contain so-called "dragnet clauses".

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You have strange laws there. Lol. Thanks for the link.

So does that mean I am safe? I am confused

It means, what state are you in?

I am in Florida

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Originally Posted by ;

702.06 Deficiency decree; common-law suit to recover deficiency.—In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judicial discretion of the court, but the complainant shall also have the right to sue at common law to recover such deficiency, provided no suit at law to recover such deficiency shall be maintained against the original mortgagor in cases where the mortgage is for the purchase price of the property involved and where the original mortgagee becomes the purchaser thereof at foreclosure sale and also is granted a deficiency decree against the original mortgagor.

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The Florida Statutes - The Florida Senate

So in Florida, the mortgagee can get a deficiency judgment. And possibly can get a deficiency decree as a part of the foreclosure proceeding.

Thank you, I will try a short sale of deed in lieu of foreclosure maybe then. Thank you all for your advice.