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

Depends on the details of the transaction.

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Answered on 2/21/12, 1:14 am
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.

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Answered on 2/21/12, 10:15 am


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