As the national foreclosure crisis continues to grow, the federal government and several states are taking corrective measures to diminish the fallout from predatory lenders and fraudulent subprime mortgage bankers. Several of these measures aim to make it easier for owners to retain their homes while they renegotiate their mortgages. One such legislation passed by Congress was the Mortgage Forgiveness Debt Relief Act of 2007, which eliminates taxes on mortgage indebtedness. Congress hopes the measure will encourage restructuring between lenders and homeowners and discourage impending foreclosures.
States are also taking proactive steps to forestall the rising foreclosure rates. Because foreclosure laws vary from state to state, rehabilitative measures also differ.
Overview of California’s Foreclosure Laws
In California, owners may face two types of foreclosure proceedings. The first is a judicial foreclosure, which is somewhat rare and requires the lender to sue the owner in a court proceeding. In this type of foreclosure, the owner can redeem the property through a buy-back from the successful auction bidder one year after the auction. The lender can also pursue a deficiency judgment against the borrower to recover the difference between the amount owed (including fees and penalties) and the amount received from the home auction.
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