Legal Question in Real Estate Law in California
I had asked earlier if I was obligated for a second loan for the purchase of a house. BofA bought our note from another company then we refinanced. But BofA didn't cover the second loan that we got from GMAC to cover the original purchase price.We just got foreclosed on and our house was sold at auction without notice as were still trying negotiate with BofA.
2 Answers from Attorneys
As one of the other attorneys told you in response to one of your earlier questions, whether a loan comes under the "no-recourse" or "anti-deficiency" provisions of the Civil Code for purchase money deeds of trust is a fact intensive inquiry. It sounds like you may be protected, but without sitting down and going over the facts and paperwork, there is no way to give a conclusive answer. So you have two choices - go see a lawyer now for a formal opinion, or wait and see if the holder of the second deed of trust even tries to collect, and if they do, go see a lawyer then.
I agree with Mr. McCormick. I've had clients tell me that the deeds of trust that they signed qualified for purchase money anti-deficiency protection, but after reviewing the documents, have found that the opposite was actually true. There are many factors that govern this determination, and simply saying it is so, does not make it so.
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