You could have had your place recently foreclosed on as well as you were probably upside down on as well, also tired and frustrated also about to becoming another statistic, nevertheless what you ought to comprehend is your loan recourse or non recourse, in addition to what does that suggest? Reality is during the boom even the Santa Maria homes for sale in the Santa Maria real estate market were subject to so much speculation and refinancing that a financial mess was created for the current homeowners. Also keep in mind the following is intended for general advice only please seek legal counsel for your own distinct situation. almost all of this advice will be by what means California treats mortgage loans if outside California you can need to see how your state treats mortgage home loans.
This article will be focused on what the distinction exist between a recourse as well as a non-recourse loan seeing that there is an extremely large difference in addition to the majority of homeowners are not aware of the difference till its too late. with all the homes that are either in foreclosure or homes going through the short sale process it is something people ought to be familiar with. So lets go with an everyday story you bought your home 2003 you paid $280,000.00 you put no funds down when you bought your house coupled with one of those popular 80/20 loans. A couple of years goes by and first off your house is unbelievably worth $500,000.00. Just like everyone else you get all kinds of good stuff in the mail full of needed information to consolidate all of you bills in addition to even make some additional home improvements in addition to get approved for a new car utilizing the equity of your place in addition to only make one payment and get so much done. Why wouldn’t you do it, so you take out a loan against the house in addition to now you owe $450,000.00. Now let’s fast forward toward today. Well the economy is not so grand as well as your house is not at all worth $500,000.00 in fact its not even worth what you bought it for now. More like $250,000.00 also you can’t make the payments anymore for the reason that the payments are based on what the place is worth. So you are forced to either do a short sale or just walk away like so many others considering you may no longer make the payments on your place. but before you do merely walk away and your place is another foreclosure, here is something to think about.
Loans that are recourse are basically loans, which allows the lender to use legal means to collect the deficiency balance from the borrower after the asset has been taken back and sold. Kind of similiar to your house currently where you have a loan for more than the what the house is worth. That being said the bank could come after you legally for the difference, which is kind of tough for most people because they don’t carry 100k on them. Loans that are non-recourse are loans that the bank cannot come after the borrower for the deficiency amount. For reference you could refer to California Code. Please keep in mind that this pertains to your house not to your rental properties as well as investment homes.
http://www.legaltips.org/california/california_code_of_civil_procedure/577-582.5.aspx
within California when you buy a home it is considered “purchase money” whether it be one loan or two loans. Which was a very popular way to buy a home with no money down using two loans many homes in Lompoc and else where were purchased this way. A loan that is considered a purchase money loan is a non-recourse loan. The dilemma with almost all homeowners is that they refinanced their places also turned their non-recourse loans into recourse loans.
In any case if the lender did a non-judicial foreclosure he may not be able to come after you in the state of California for the reason that that is the trade off that they have for doing a non-judicial foreclosure vs. a judicial foreclosure which means going to Court. So you get the benefit of the “one action rule”. Unless you had a second which got completely wiped they could come after you for the deficiency and there are nevertheless more exceptions to the rule as you read along. Now here is where it may get tricky assuming that you possess two loans simply from different lenders in addition to you don’t have enough to pay off the second,,,,, well the second may come after you in any case provided that both loans are from the same lender lets say both are with Wells Fargo as well as not purchase money so for instance if you took out a second later you are okay AS LONG AS BOTH LOANS ARE NOT FROM DIFFERENT LENDERS. The lender choose to come after you for the difference in addition to may sell your account to collection agencies as well. that means they can sue you also levy your bank account or even garnish your wages. If YOU HAVE AN FHA OR A VA THESE RULES DO NOT APPLY THESE ARE FEDERALLY SPONSORED LOANS AND SUPERSEDE CALIFORNIA STATE LAWS AND ,,,,,,YOU ARE CORRECT ARE RECOURSE LOANS….home being financed after the collapse are FHA financed as well as yes they may come after you. I am not sure if you got that all down also I do hope that this made sense to anyone reading this. if you are unsure if you will be sued seek a little legal advice.
But THERE IS HOPE If YOU DO A SHORT SALE BEFORE THE YEAR END. For one California has a new law that any lender that agrees to a do a short sale whether it be a second or investment property. That they will not come after you for any funds owed. This is a humongous weight off the shoulders of many homeowners that may be thinking of having to do a bankruptcy just to protect themselves. Due to there being a deficiency amount with respect to the funds owed to the bank. Last but not least the home forgiveness act which expires this year DEC 31, 2012. IRS CONSIDERS ANY DEBT FORGIVEN TO BE TAXABLE INCOME. So do the math with me you owed $500k you short sale for $250k the IRS WILL TAX YOU $250K UNLESS YOU ARE INSOLVENT OR FILE BK or the place was your primary residence. nonetheless that all changes on Jan 1, 2013 there will be a tax bill unless there are changes within the Govt. but it seems that even the Govt. is looking for ways to generate cash as well as would not expect a bailout. supposing that you do not at all qualify for a loan modification seriously keep in mind a short sale soon.