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Home » Store » Originations » New Law, Court Rulings Reduce Limited Availability Of Deficiency Judgments on California Home Loans

New Law, Court Rulings Reduce Limited Availability Of Deficiency Judgments on California Home Loans

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Two crucial legal events occurred in 2013 that might have signaled the extinction of the narrow window through which deficiency judgments were possible on residential property in California. Attorneys at Nossaman LLP said the recent passage of California Senate Bill 426 and the conforming decision by the California Court of Appeal, Fourth Appellate District, have made clear that the state’s anti-deficiency statutes not only protect home loan borrowers from judgments or collections but also trump any separate lender/borrower agreement regarding the payment of any deficiency following a foreclosure or a short sale. A deficiency judgment is...
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