Hello.
There isn't anti-deficiency protection in Vermont. The borrower is
liable for any deficiency.
Source: Vermont Statutes Online
"§ 4532. POWER OF SALE; PROCEDURES; NOTICES; FORMS
(g)...
... the mortgagor shall be liable for any deficiency as determined by
a subsequent action for a deficiency judgment."
Source: Vermont Statutes
http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=12&Chapter=163
Also see this explanation from 2-stop-foreclosure.com:
"In Vermont a lender may sue the borrower to collect deficiency if the
foreclosure sale under the deed of trust was not sufficient to repay
the loan plus the foreclosure expenses. However, if the lender buys at
the foreclosure sale, the borrower can force the lender to credit the
fair market value of the property against the total amount owed, which
includes the loan balance and the foreclosure expenses. If the
foreclosure sale generates a surplus, junior lien holders and
creditors may claim it up to the amount owed in the order of their
priority."
source: 2-stop-foreclosure.com
http://www.2-stop-foreclosure.com/states/vermont.htm
Here's an excerpt from an article that lists the states that do have
anti-deficiency laws:
"Eight states prohibit, or at least make it difficult for lenders to
seek, deficiency judgments against borrowers in the event of a deficit
at foreclosure.[6]
...
6. The eight states are Alaska, Arizona, California, Minnesota,
Montana, North Dakota, Oregon, and Washington."
Source: "Deficiency Judgments and Borrower Maintenance: Theory and
Evidence"
Journal of Housing Economics, 9(4), December 2000, 267-286
Cached by Google:
http://216.239.57.100/search?q=cache:B7P1zI6RF18C:www.sba.uconn.edu/RealEstate/Publist%2520articles/Deficiency%2520Judgements%2520and%2520Borrower%2520Maintenance.pdf++%22anti+deficiency%22+laws+&hl=en&ie=UTF-8&client=googlet
Or in PDF format:
http://www.sba.uconn.edu/RealEstate/Publist%20articles/Deficiency%20Judgements%20and%20Borrower%20Maintenance.pdf
search strategy:
deficiency, foreclosure, liable, vermont
states, "deficiency judgments", borrowers, lenders
I hope this helps. |