Legal Question in Real Estate Law in California

Can Lender file a deficiency after the trustee sale?

I got notice of default with a trustee number. My loan is a refinance loan cash out,

no second loan. If lender choose not to have a court action to foreclose

the house (judicial foreclosure), can they still go after me for deficiency after the trustee sale?


Asked on 9/23/09, 1:11 am

2 Answers from Attorneys

No. Once the trustee's sale goes through, a judicial foreclosure and deficiency action would violate the one form of action rule.

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Answered on 9/23/09, 1:38 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Not in the normal sense; an election to foreclose by trustee sale cuts off the foreclosing lender's right (if any existed) to seek a deficiency judgment. However, it is possible, but not very likely, that a lender might attack on a collateral issue such as loan-application fraud or malicious waste of the collateral.

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Answered on 9/24/09, 7:31 pm


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