Legal Question in Real Estate Law in California

California Anti deficiency law

I have 80/20 loan on my house.Bothe the loans are to purchase the house.

Please tell me if the california anti deficiency law will be applied to both the loans in cas of foreclosure.


Asked on 11/20/07, 1:46 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: California Anti deficiency law

As I understand Code of Civil Procedure section 580b, it would bar a deficiency judgment on any loan used for purchase money, whether it is a first or a second, if the building in question is a one-to-four family structure and you occupied at least part of it as your principal residence. You might be liable for a deficiency if there were any "cash out" or loan-application fraud. I believe this is true whether it was the same lender on both portions of the financing or not. I am a bit hesitant to say I'm 100% sure without having the opportunity to read the documents in question.

Read more
Answered on 11/20/07, 1:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California