To: ex-Texan
The situation in California is (probably still) very different. When I was in law school, California had (still has?? anyone know?) an anti-deficiency statute and single action statute, both legacies of the depression, which prohibit a lender from collecting a "deficiency" judgement for the difference between the mortgage debt and the sale price of a property. In essence, if one gets in too far underwater on a mortgage (well, trust deed, actually, but that's technical) in California, you could just give the bank the keys and walk away with no debt.
13 posted on
10/07/2003 4:53:41 AM PDT by
CatoRenasci
(Ceterum Censeo [Gallia][Germania][Arabia] Esse Delendam --- Select One or More as needed)
To: CatoRenasci
You are correct about the anti-deficiency statute in Calfornia on a purchase money deed of trust for a single family dwelling. I haven't taught RE law for 10 years, so please verify for me --- a refinance probably changes a non-recourse note and trust deed into a recourse instrument, which means personal liability. A short sale also will affect credit.
48 posted on
10/07/2003 8:25:20 AM PDT by
doug from upland
(Why did DemocRATS allow a perjuring rapist to remain in the Oval Office?)
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