Re:Rich more likely to walk away from mortgage
by anamax on Friday July 09, 2010 @06:33PM
(#1502462)
In CA, only the purchase loan is non-recourse. Refinance loans are not non-recourse, that is, the lender can come after you if you bail on a refinance loan.
I'd guess that home equity loans (in CA) are also not non-recourse.
IANAL, YMMV.
Re:Rich more likely to walk away from mortgage
by TylerJewell on Friday July 09, 2010 @09:45PM
(#1502831)
A purchase money loan can apply to a 1st and an equity line as long as both loans were taken out for the purchase of the home. In my situation, I put 10% down, took a 50% mortgage and 40% equity line.
BTW, one of my banks hired a debt collection agency to pursue the past payments. They are generally customer service oriented and friendly. But I had one encounter with a very aggressive rep who told me that I was required by law to pay, that because their bank was in TN, the laws of California were not in affect, and other inaccuracies. He was out of control and out of line. Just record those conversations, ask for his name, and his supervisor.
"While most states allow deficiency judgments, many states hardest hit by the housing crisis, including Arizona and California, are non-recourse states – meaning that a lender may not pursue a borrower for a deficiency judgment on a purchase money mortgage. See Andra Ghent and Marianna Kudlyak, Recourse and Residential Mortgage Default: Theory and Evidence from U.S. States 5 (Federal Reserve Bank of Richmond Working Paper No. 09-10, July 10, 2009), available at http://ssrn.com/abstract=1432437 (listing Alaska, Arizona, California, Iowa, Minnesota, Montana, North Carolina, North Dakota, Washington and Wisconsin as non-recourse states)."