Legal Question in Real Estate Law in California

Re: personel property

The short answer is not normally. I assume that you are talking about foreclosure of real property. A nonjudicial foreclosure puts a lender in the position that they are not entitled to a deficiency judgment. (CCP sec. 580 subd. (d).)

There are special rules governing mixed collateral foreclosures, so the answer may be it depends. I would have to know some more factual information to tell you if it was proper or not.

Normally, a lender cannot seize your personal property unless they are lienholders, involving UCC filings. A lender would only be able to get your personal property with a judgment, but then the fact that the property was secured by real property should have been raised in an earlier previous action on the note exclusively. (It is an affirmative defense that must be raised or it is waived.)

If I may ask, how exactly is this situation arising, or is this just purely a hypothetical?

Very truly yours,