Legal Question in Credit and Debt Law in California

What steps can creditor take for payment of a deficincy judgement


Asked on 8/05/10, 6:46 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Depends on a lot of factors. If your deficiency mortgage is lost in a judicial foreclosure, if it is a first mortgage, they lose all rights, if it is a second mortgage, they can come after you for their losses, but they lose all rights attached to the property. If it is a contractual foreclosure, they lose all rights to attach the property, but I think they can still sue for their losses. They can attach all bank accounts tied to your Soc. Sec. #. Your orta see a BK atty.

Read more
Answered on 8/10/10, 8:05 pm

If the creditor already has the deficency judgment, Mr. Marman's comments are irrelevant toher than that they can attach bank accounts. They can also garnish wages, seize any valuable personal property, including stocks, bonds, etc., and can record an abstract of judgment which creates a lien on any other property the debtor owns in each county in which the abstract is recorded. There are a whole lot of other things they can do too. The three volumes of a basic treatise on California Enforcement of Judgments takes up about two feet of shelf space in the library.

Read more
Answered on 8/11/10, 3:26 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California