Legal Question in Real Estate Law in California

Foreclosure

I have two properties in Sacramento CA that I owe much more than they are worth. I also own a 3rd with my husband, also no equity. They are secured by the Deed of trust, can the Lenders come after my wages or bank accts?


Asked on 9/18/08, 3:51 pm

2 Answers from Attorneys

Re: Foreclosure

Roy is correct, but I would add that judicial foreclosure of residential real estate in California is very rare. They are far more expensive and time-consuming than nonjudicial foreclosures (trustee's sales) and, therefore, lenders usually only pursue them when the potential deficiency is very large and the borrower is very collectible.

The worse issue for you, possibly, is the potential for taxable debt forgiveness income in the event of a foreclosure. You should contact a tax expert to explore whether there are any exemptions that would apply to your situation.

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Answered on 9/19/08, 8:43 am
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Foreclosure

It depends on whether the loans are purchase money loans. If they are not, and the lenders pursue judicial foreclosure, and actually obtain a deficiency judgment, yes. However, the lenders cannot simply attach your wages or bank account, they must first obtain some kind of judgment against you which would then allow them to execute on that judgment.

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Answered on 9/18/08, 4:08 pm


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