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.


Asked on 1/20/11, 6:27 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 1/26/11, 10:20 am
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 1/26/11, 10:44 am


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