Legal Question in Real Estate Law in California

I had a rental property in the state of Idaho and had a first mortgage and a second mortgage on the property. It was forclosed upon. They sold the property and now the second mortgage holder has sent the debt to a collection agency to recoup some of their funds. It was approx. $25,000.00 on the second and they are willing to settle for $4,000.00. I have a full-time job. Am I obligated to pay them the funds or is this a done deal since it has been forclosed and sold. I live in California. They want to set up payment arrangements to pay this debt. Should I do this or will the possibility of being sued down the line become reality?


Asked on 6/15/10, 7:27 am

3 Answers from Attorneys

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

Idaho law will probably govern the lender's rights and your liability. The law regarding formerly secured junior lenders who lose their collateral through a senior lender's foreclosure is likely to vary significantly from state to state. If California law controlled, the junior lender would probably be deemed "sold out" and its claim against you would become (a) unsecured, but (b) not subject to any of the anti-deficiency provisions of California law (there are exceptions). You should re-ask this as an "Idaho" question, or retain an attorney licensed to practice in Idaho. My hunch is that the settlement offer is a good one, but I do recommend state-specific attorney guidance before taking action (or failing to act) on it.

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Answered on 6/15/10, 4:03 pm

Whipple's answer is exactly right. If the property was in California, this would be a great settlement for you, since in California they could sue you successfully for the fulll $25K. But you need to double check with an Idaho attorney to be sure.

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Answered on 6/15/10, 4:41 pm
Anthony Roach Law Office of Anthony A. Roach

I would repost your question in Idaho's Lawguru section. Even though you live in California, the fact that the property was in Idaho means you are going to need someone familiar with foreclosure law in Idaho.

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Answered on 6/15/10, 6:40 pm


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