In a foreclosure case the Plaintiff may seek a deficiency judgment against the Defendant. This means that the Plaintiff is not only foreclosing on the mortgage but is also seeking a personal money judgment against the Defendant.

If a deficiency judgment has been demanded, the bidding remains open for (30) days. On the 30th day after the initial sale at 11:00 a.m. the property is again auctioned and the highest bid is accepted. The Plaintiff makes only one bid at the initial sale and is not allowed to bid again. If no higher bid is made at the second sale, then the Plaintiff’s bid prevails.

The Plaintiff normally reserves the right to waive its demand for a deficiency judgment up until the moment of the original sale. If one is interested in a particular property where a deficiency judgment is demanded it may be wise to be present at the initial sale and be prepared to bid in the event the deficiency demand is waived.

If you have any questions that have not been answered above please consult an attorney. We are unable to give legal advice.

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