Legal Question in Real Estate Law in California

I tried to refi my variable rate loan on my CA condo but HSBC did not want to work with me so it went into foreclosure in 2008. Now I am getting collection calls from an agency that calls themselves Professional Recovery Services. I thought that once they took my home, that settled the debt? Is this a legitimate collection practice? The loan was 80/20, interest free for 2 years then shot up.

Thank you, Justine


Asked on 8/07/09, 1:38 pm

2 Answers from Attorneys

I assume it was the holder of the 80% loan (the first lienholder) that foreclosed. Therefore, it must be the holder of the 20% loan that is pursuing you. If the purpose of that loan, together with the 80% loan, was to purchase the house, then they have no right to pursue you. Under California law, you have no personal liability to pay any deficiency that remains after foreclosure on a loan that was used to purchase a home,

If the 20% loan was not used to purchase the house, then most likely you are obligated to pay whatever is still owed. There are some exceptions, but they are rare. You should consult an attorney to go over all of the possible exceptions to see if any apply to you.

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Answered on 8/07/09, 2:00 pm
Terry A. Nelson Nelson & Lawless

Sorry, your 2nd or your refi opened the door to you being sued for deficiency if the house sold for less than the loan[s]. ONLY an original purchase money loan is limited to sale proceeds. You, like many, are woefully ill informed about the realities of the risks of your actions.

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Answered on 8/09/09, 4:48 pm


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