Legal Question in Real Estate Law in California

It depends on whether you were sued and where you are with the property. The short answer is get an attorney to object to the subpoena and refuse to produce the records. You have an absolute privilege as to your tax returns and probably to your bank records too.

Depending on your situation the investor may or may not be interested in going after you. If they foreclosed on your home though they can't go after you for the difference due to our states

anti deficiency statutes.

Since your situation seems a little more complex you can call my office for a free consultation if you still have questions. Our toll free number is (866) 981-1850 or check our website out at www.bellilawfirm.com

Good luck and hope that helps.

If you don't comply with a subpoena, you face contempt of court sanctions. If your documents show you were involved in any kind of loan / bank fraud in your application, you could face criminal charges in addition to being named in a civil suit. Hopefully, you are not guilty of that. If you think you have a problem, then hire an attorney now to handle this.

In Fortunato v. Superior Court (2003) 114 Cal.App.4th 475, the California Court of Appeal decided and ruled that submission of tax returns in connection with a loan application does NOT generally constitute a waiver of the privilege against forced disclosure of tax returns. If your situation is similar, your lawyer can cite this case as a ground for refusal to furnish tax returns in obedience to the subpoena. The lawyer should CAREFULLY review the Fortunato case and the other cases cited in it to be sure it is applicable. That's the good news.

The bad news is that if the investor sues you (in addition to the loan originator), the anti-deficiency statutes might not protect you if you have committed loan-application fraud. An action for a deficiency on foreclosure is not the same as an action for damages for fraud.