second loans

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r.e.

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PostPosted: Wed Nov 04, 2009 5:11 pm    Post subject: second loans

my question is: In the state of California, can second mortgage holders come after the home owners if the property was forclosed or short soled?
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jenkin7



Joined: 04 Jun 2007

Posts: 3421
Location: Hawaii
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PostPosted: Wed Nov 04, 2009 10:04 pm    Post subject:

Hi r.e.,

The lender can come after you for the second loan even after foreclosure or short sale. If you do not pay the loan off it is considered a breach of contract and the lender can sue you for this. California is a non-recourse state and there are anti-deficiency laws. But most of these laws apply to first mortgages. Thus, the second lender definitely has the right to come after you after foreclosure or short sale.
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