Legal Question in Real Estate Law in California

california deficiecy judgment

can beneficiary on trust deed note obtain a deficiency judgment on a non-owner occupied property


Asked on 7/15/08, 6:38 am

3 Answers from Attorneys

Re: california deficiecy judgment

yes

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Answered on 7/15/08, 8:01 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: california deficiecy judgment

If the property is non-owner-occupied, that fact removes one of the possible defenses to one of the methods of foreclosure (judicial foreclosure). A deficiency judgment is never possible if the obligation is foreclosed by trustee sale.

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Answered on 7/15/08, 12:33 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: california deficiecy judgment

Yes, but only if the beneficiary foreclosed judicially, not by Trustee's sale.

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Answered on 7/15/08, 9:41 pm


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