Legal Question in Real Estate Law in California

If my house in Southern California is foreclosed on can my property in Idaho be touched?


Asked on 5/18/11, 8:10 pm

2 Answers from Attorneys

Only if it is foreclosed in a court proceeding. If it is by a non-judicial foreclosure, also known as a trustee's sale, the lender is barred from any further recovery by any method. They get the property and that's it.

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Answered on 5/18/11, 11:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably not. I agree with Mr. McCormick that a foreclosure by trustee's sale is normally the end of the story, and 99% of foreclosures are by trustee's sale. The lender does have the alternative of going to court for a judicial foreclosure and a judgment for any deficiency, which then could be "domesticated" in Idaho and the property there could then be executed upon. This is most unlikely unless certain risk factors are present, such as (1) the lender knows you are a rich guy and have valuable property in Idaho; (2) the lender knows or suspects your loan application was fraudulent; (3) the lender is an individual or small organization that can't afford to take a loss; (4) you have committed "waste" of the collateral by doing damage to it, not fixing leaks, or failed to pay taxes and insurance, etc.; or (5) you have otherwise been uncooperative and made your loan stand out from the pack as deserving special attention. There is, in addition, one other risk, i.e., that the Idaho property was made additional collateral on the California loan, but this too is very unlikely.

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Answered on 5/19/11, 10:11 am


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