Legal Question in Real Estate Law in California

what are the ramifications of abandoning your home at the start of foreclosure proceedings?


Asked on 8/22/09, 11:46 pm

2 Answers from Attorneys

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

You mean moving out as soon as you get a Notice of Default? Why would you do that?

Homeowners who move out and leave the house empty pending foreclosure risk vandalism or fire, which could provoke the lender into suit for waste, which is a cause of action not blocked by the anti-deficiency laws.

I'd suggest staying in the house, making use of the time to figure out where you want to move and when, ank keeping the insurance and taxes paid.

Home prices are beginning to rise, and a trustee sale of a well-maintained house with a mowed lawn and no trash or visible damage will come a lot closer to paying the loan off.

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Answered on 8/23/09, 4:32 pm
Terry A. Nelson Nelson & Lawless

Your credit will be destroyed by the foreclosure, but probably already is with late or missing payments.

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Answered on 8/24/09, 7:01 pm


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