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CALIFORNIA RULES:
PURCHASE MONEY RULE: In California, a
lender who loaned you money to originally buy your home, and was your
primary residence, can only foreclose, they can't obtain a deficiency
judgment. This means if the foreclosure sale does not pay all “purchase
money” loans, lenders cannot sue you for the unpaid balance. This includes
second mortgages. If you refinanced, or paid down a purchase money Home
Equity Line of Credit (HELOC) and drew down on it again however, this rule
does not apply.
ONE ACTION RULE: A lender can only take
one action against you in California in a non-judicial or judicial
foreclosure. A non-judicial foreclosure is just like the purchase money rule
in which a lender can only sell the property to pay the loan. If the sale
does not pay the mortgage off completely, the foreclosing lender cannot get
the unpaid balance from you. However; the lender can get the balance from
you in a judicial foreclosure. California is generally considered a
non-judicial state but both foreclosure processes are available. Judicial
foreclosures are so uncertain and costly for lenders that they are very
rare. What's important to know however; if a lender’s junior security
interest is wiped out by a senior mortgage in foreclosure, the junior lender
might be able to obtain a deficiency judgment for their unpaid balance
because they have not had their one action against you. This is a common
situation when you've used the second mortgage for home improvements or
paying other bills.
CANCELLATION OF DEBT RULE: Both the IRS
and California tax you for the amount of debt that is cancelled in any given
tax year considering it income. Debt is cancelled only when a lender has
given up on its right to collect the debt or they are barred by law from
collecting the debt for some other reason, such as...
THE BANKRUPTCY & INSOLVENCY EXCEPTION.
Both the IRS and California exclude cancelled debt from your income if the
debt was cancelled in bankruptcy or you were insolvent but only to the
amount of your insolvency. You are considered insolvent if your debts exceed
your assets which can include IRA and pensions. See:
debt
forgiveness - tax consequences
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