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What is Single Action Law?

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Icon Mini Profile michaelrhough





Joined: 22 Feb 2009

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Post Posted: Sun Feb 22, 2009 9:18 am    Post subject: What is Single Action Law?
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Friend has an apartment house in Texas going into foreclosure. Lender is attempting to take a vacation home owned by friend in Calif. in addition to foreclosure on apt. property. Does Texas have a single action law, and if so, does it apply to commercial properties?
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

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Location: Nevada
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Post Posted: Sun Feb 22, 2009 8:31 pm    Post subject:
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Hi michaelrhough,

As far as I know, if a lender forecloses a property and if the borrower cannot pay the deficient amount resulting from the sale of the property, then the lender will have the right to place liens on other properties. But I don't think the lender can take away the property of your friend situated in another state. You can consult an attorney and take his opinion regarding this issue.

Thanks
demure

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Post Posted: Mon Jul 13, 2009 3:05 am    Post subject: Single Action State
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As far as I know, there are some states like California which follows single action law while others like Illinois do not. States which follows single action law, allow only one suit to collect the mortgage. Suppose if the lender forecloses the property, he'll not be able to sue the borrower for any other judgment or lien.
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