Legal Question in Real Estate Law in California
When I purchased my condo 5 years ago, I was setup with two mortgages (80/20/zero down). If I get foreclosed on, can the lender of my second (which is an equity loan) come after the remaining balance? I reside in California.
2 Answers from Attorneys
If the second loan was "purchase money" you are protected by the antideficiency statutes if the condo was purchased as your principal residence. After a foreclosure by the first, the holder of the 2nd will probably sell the note to a debt collector for pennies on the dollar, and there will be collection attempts and credit-score impacts, but a suit, if brought, would be defensible.
I agree with Mr. Whipple. I would add that determining whether you are protected by the purchase anti deficiency prohibition of Code of Civil Procedure section 580b is factually intensive, and should be reviewed by a competent attorney, before setting off on your own.