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To: Torie

Yes mortgages are secured debt but I can tell you (as someone who works for a mortgage company) that there are very few home mortgages - certainly none to typical middle class homebuyers -- that are non recourse (meaning that the bank can't go after the individual, only the property). Yes, there are some state rules that limit a bank's right to go after the individual (if a bank lends 100K on a home and, years later when the balance due is 80K, forces a foreclosure sale and then obtains the property by making a successful 60K bid at the sheriff's sale, the bank is going to have a tough time, here in NJ anyway, getting the other 20K from the individual), that hasn't been a big problem in the last few years because of the rise in value in the real estate market. Anybody who thinks that the personal obligation of the mortgage note is of little significance, ought to talk to someone who separates from a spouse who keeps the house and doesn't pay the mortgage. If he thinks the bank won't come after him personally for those missed mortgage payments, he's making a miscalculation.


233 posted on 03/09/2005 8:54:21 PM PST by frankler (Very few home mortgages are non-recourse.)
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To: frankler

OK, but I stand by my characterization of California law. About that I am, as it were, a rather highly paid expert.


236 posted on 03/09/2005 9:01:18 PM PST by Torie
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