Short answer. Yes — the court can render judgment now for the deficiency balance, since Rule 68, Section 6 lets the judgment issue upon motion regardless of due dates. But execution is different: if the balance isn't yet all due under your loan terms, the bank cannot collect on it until the date it becomes due, which the judgment itself must state.

What the law says

If upon the sale of any real property as provided in the next preceding section there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which execution may issue immediately if the balance is all due at the time of the rendition of the judgment; otherwise, the plaintiff shall be entitled to execution at such time as the balance remaining becomes due under the terms of the original contract, which time shall be stated in the judgment.

Rule 68, Section 6 — Deficiency judgment. Read the full provision →

The deficiency judgment itself can be rendered now

Rule 68, Section 6 lets the court, upon motion, render judgment against the mortgagor for whatever balance remains after the foreclosure sale proceeds are applied to the debt, as long as the mortgagor is personally liable for that balance under the record of the case. Nothing in the rule conditions the rendering of that judgment on the balance being due yet — the court can fix the amount owed and enter judgment for it even where part of the original loan schedule still lies in the future. What the rule does condition on the due date is what happens next: execution.

Execution is where the due date matters

The rule draws a clear line between the judgment and enforcing it. If the balance is all due at the time of the rendition of the judgment, execution may issue immediately — the bank can move straight to collecting. If it is not all due, the rule says the opposite: the bank is entitled to execution only at such time as the balance remaining becomes due under the terms of the original contract. So a bank cannot accelerate collection on installments that have not yet fallen due simply because it already has a judgment in hand.

The judgment has to state when execution can issue

Where the balance is not yet all due, the rule does not leave that date to be worked out later — it requires the time execution becomes available to be stated in the judgment itself. That means the judgment, read on its face, should already tell you when the bank becomes entitled to enforce it against you for the portion not yet due, tied to your original loan's payment terms rather than to any later request the bank might make.

What this means in practice for a borrower

A deficiency judgment being entered against you now does not by itself mean the bank can garnish your wages or levy your property immediately for the whole amount. If your loan terms genuinely place part of that balance on a future due date, the rule ties the bank's right to execute to that same schedule. It is worth checking the judgment itself for how it describes the timing of execution, since that language — not simply the existence of the judgment — controls when collection on the not-yet-due portion can actually begin.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.