Legal Question in Real Estate Law in California

I own a condo in Sacramento, CA and no longer want to keep it. I'm thinking of letting it go into foreclosure, since I've job re-located, and I have no point continue making payments when I don't even want to reside there. I don't have the time, nor money to fix it up to rent out. I would like to know what you think I should do, and if foreclosure is an option for me? And what implications would I deal with if I walked away, other than riuining my credit?


Asked on 7/07/10, 11:41 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You would have to provide a lot more information, like the equity to debt ratio of the property, and what other encumbrances there are. It would also be nice to now whether the payments are on a purchase money mortgage, or there was seller financing. Many of the attorneys who answer on here would also like to know where you stand on other debts, because bankruptcy might be an option.

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Answered on 7/07/10, 2:48 pm

Mr. Roach is correct. Your information is too limited and questions too broad to give you any kind of answer other than that foreclosure is not your option, it is the bank's option, and it is one I can assure you they will take if you do not pay them.

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Answered on 7/07/10, 3:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your question does, however, provide a hint of an additional issue. Why would you have to spend money to fix it up to rent? Perhaps no real issue here, but perhaps you have failed to keep the place in good condition. Negligently or deliberately allowing the lender's collateral to become run down, burdened with tax or HOA liens, etc., can be considered "waste," which is a legal term of art, and a possible basis for a lawsuit outside the loan default and foreclosure mainstream and where you'd have less to no protection under the antideficiency laws.

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Answered on 7/07/10, 10:10 pm


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