Legal Question in Real Estate Law in California
Hi
I have 2 small income properties in Las Vegas Nevada and 2 in California.
I refinaced 2 Las Vegas Properties and 1 Califonia Propertie about 2 years ago
from Hong Kong Based Lloyds Bank. All 3 properties lost value a lot especialy
2 in Las Vegas. If I could I'd like to walk out 2 Las Vegas properties and Keep
one in California. I don't know what the bank can do in this situation.
Please Advice
4 Answers from Attorneys
As to the Nevada properties you want to walk away from, you are going to have to contact an attorney in Nevada to discuss the ramifications of doing so, as it is governed by Nevada law, not California law. I can, however, tell you that Nevada is what is referred to as a "deficiency" state, meaning that the bank can sue you after a foreclosure for any remaining, unpaid amount due on the mortgage (what they don't recover from the property). Again, you need to contact a Nevada attorney to discuss this matter.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code." vada attorney about this situation.
I agree with Mr. Gibbs that you are going to have to consult an attorney familiar with Nevada law. I know that their foreclosure law is very different from California's law.
Another question that I would have for you with respect to the California property was whether the properties are multiple security for one debt, or security for three different notes.
Sue you for any loss / deficiency upon foreclosure, and seek to collect their judgment from any assets you have anywhere.
Walking away from the Nevada properties is not your best strategy for the reasons given, and letting the California properties go into default could have the effect of being a default on the Nevada properties if the loan agreements are "cross-collateralized" or "cross-defaulted," which is a good possibility since you refinanced at the same time with the same lender. You might consider a Ch. 13 bankruptcy as a way to sort out your affairs without losing everything.