Legal Question in Real Estate Law in California
Purchase money 2nd mortgage lien stayed on my record after foreclosure. How can I remove it?
2 Answers from Attorneys
First, I must ask, what record? Do you mean it's still on your credit report?
If so, one reason might be that the credit reporting agency doesn't know whether or not you are subject to a deficiency judgment or further suit. While most purchase-money seconds cannot be the subject of a deficiency judgment (see Code of Civil Procedure section 580b(3)), if the property were not owner-occupied or were more than four units, you would still be subject to a lender's suit for any deficiency after foreclosure.
If this is not your situation, contact the credit bureau and inquire about their procedures for correcting errors in your own report.
Even if you are not subject to suit for a deficiency, an unpaid loan will remain on your credit report for up to seven (7) years.