Legal Question in Real Estate Law in California

Real estate

If i have a primary residence with lots of equity and then purchase a second residence with a VA lown that is guaranteed by the government for up to 36,000. If down the line I default on the payments on the second residence, could the lender come after my primary residence (first property)? Do I have to sign my first residence as collateral to buy the second property?


Asked on 9/16/08, 1:39 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Real estate

Q: If I default on the payments of investment property, could the lender come after my primary residence?

A: Yes. But the lender would have to obtain a court judgment first and put a lien on your primaty residence. If there is enough equity in your primary residence, then the lender could sell it at an auction.

Q: Do I have to sign my first residence as collateral..?

A: There is no law that says you "have to", and no law that prevents the lender from requiring you to do so.

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Answered on 9/16/08, 6:28 pm


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