Can a bank obtain a deficiency judgment on a non-recourse loan in Idaho?

Full question:

In the state of Idaho, if a bank makes a non-recourse loan on real property with the property put up as collateral and the property goes into foreclosure, can the bank seek and receive a deficiency judgment?

  • Category: Real Property
  • Subcategory: Foreclosure
  • Date:
  • State: California

Answer:

A deficiency judgment is a legal claim against a borrower when a foreclosure sale does not cover the full mortgage amount. Whether a lender can pursue this option depends on the type of loan. A non-recourse loan means the borrower is not personally liable for any shortfall after foreclosure. Therefore, in Idaho, if a bank has made a non-recourse loan, it generally cannot seek a deficiency judgment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Idaho, if your house is foreclosed and the loan is a non-recourse loan, you typically do not owe any additional money beyond the property itself. This means that if the foreclosure sale does not cover the full amount of the loan, the lender cannot pursue you for the remaining balance.