Legal Question in Real Estate Law in California
In California, does a loan modification change the loan from non recourse to recourse?
Asked on 2/21/12, 12:34 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. McCormick. It is going to depend on how the loan modification is structured. If the original loan was purchase money, but the loan modification involves refinance with a new lender, then the purchase money anti-deficiency protection is lost. But if the original loan was purchase money, and the loan modification only involves modification of the note as to payment terms, then a good argument can be made that the anti-deficiency protection is not lost.
Answered on 2/21/12, 10:15 am