Robert B. Jacobs: Complex foreclosure laws in state
There’s no doubt about it. California foreclosure law is complex.
I sometimes hear California referred to as a “non-recourse” state. That designation can be misleading.
California has two types of loans: Recourse and non-recourse. When reduced to their most essential terms, the difference between these two is: A borrower may have personal liability following a foreclosure on a recourse loan.
Conversely, a borrower will generally have no personal liability following a Judicial Foreclosure Sale on a non-recourse loan.
That’s the difference. But the practical application of that difference, and the effects and consequences, could fill volumes.
For example, a short sale is not a foreclosure sale. It’s a voluntary sale, whereas a foreclosure is involuntary. When borrowers sell short, they agree to the sale. In a foreclosure, there’s no agreement to sell; the property is seized and sold by the county
That simple difference can have far-reaching consequences. California has several laws that protect, to a certain degree, the interests of borrowers in a foreclosure. But some of these laws and protections may not apply to a short sale.
Full story is available on The Inside Bay Area

Posted May 2, 2010
Comments(0)