A deficiency balance on foreclosure—also known as a mortgage deficiency or deficiency balance—occurs when a home or property is foreclosed on and the sale proceeds are not sufficient to pay off the mortgage. The remaining balance owed on the mortgage is a deficiency balance or mortgage deficiency.

And if a mortgage lender (bank or mortgagee) files a lawsuit against a mortgagor (debtor) who defaulted on a mortgage, the lender may obtain a court judgment known as a deficiency judgment. With this judgment the lender can try to garnish the debtor’s wages or go after the debtor’s other assets for payment or satisfaction of the deficiency judgment.

A deficiency judgment may be discharged in Chapter 7 or Chapter 13 bankruptcy.

Laws vary from state to state and a state’s laws and the terms of the mortgage may determine whether the mortgage lender will pursue a mortgagor who defaulted on a mortgage for any deficiency balance.

In Kansas, if a property is foreclosed and the sale does not cover the outstanding mortgage balance, the lender may pursue the borrower for the remaining deficiency balance. Kansas allows for deficiency judgments, which means the lender can file a lawsuit against the borrower to recover the remaining debt. If the court grants a deficiency judgment, the lender can then use legal means to collect the debt, such as garnishing wages or seizing other assets of the debtor. However, it's important to note that the lender must follow specific procedures and timelines to seek a deficiency judgment, and the borrower has rights and defenses available in such a case. Additionally, in Kansas, borrowers have the option to discharge a deficiency judgment through Chapter 7 or Chapter 13 bankruptcy, which can provide relief from the obligation to pay the deficiency balance under certain conditions. The specifics of how deficiency judgments are handled can be complex and may depend on the terms of the mortgage agreement and the circumstances of the foreclosure, so it is often advisable for individuals facing a potential deficiency judgment to consult with an attorney to understand their legal options and obligations.