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  1. #1

    Default California Antideficiency Law

    I purchased residence with 90/10 loans. Never refinanced. I understand under CA law debt incurred to purchase residence is automatically nonrecourse debt.

    Is this correct and does it apply to both 1st/2nd?

    I negotiated settlement with 2nd in 2009 but house was foreclosed on in 2010 (when only 1st remained) and I received a 1099 from the 2nd in 2009 indicating the borrower was personally liable. After communicating with bank they indicated CA deficiency laws do not apply in my case because debt was settled prior to foreclosure. Is this correct?

    Thanks for the feedback.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: California Antideficiency Law

    Explain exactly what you mean in relation to your settlement of the debt. Are you indicating that you agreed to some sort of payment in exchange for the release of the mortgage, prior to foreclosure?

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