News & Insights

Some states limit what a bank can do after a mortgage default. Mitchell Sussman explains that the one action rule allows a lender to choose only one path when a borrower stops paying. The bank can either foreclose on the home or file a lawsuit to collect the debt, but it cannot do both.

Mitchell Sussman explains when walking away from a mortgage does not lead to a lawsuit. State laws can make a major difference in what happens after a homeowner stops paying a mortgage. Mitchell Sussman explains that in states with anti deficiency laws or the one action rule, a borrower may be able to walk away from the home without personal liability for the loan.

Some states limit what a bank can do after a mortgage default. Mitchell Sussman explains that the one action rule allows a lender to choose only one path when a borrower stops paying. The bank can either foreclose on the home or file a lawsuit to collect the debt, but it cannot do both.