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Monday, June 21, 2010

Update on California bill to extend anti-deficiency rules to some Refinanced Mortgages

by Calculated Risk on 6/21/2010 10:32:00 PM

Last week I mentioned the potential law change in California: Under California law, purchase money loans are non-recourse. However once a homeowner refinances, the entire mortgage is recourse ... that is probably going to change ...

Note: This bill, if passed, will take effect June 1, 2011. Here is the proposed bill (ht pastafarian)

From David Streitfeld at the NY Times: Battles in California Over Mortgages

Lenders in California rarely chase foreclosed borrowers for deficiency judgments. Pursuing such cases in court can be an arduous process, and few of those in foreclosure have the assets or incomes to make it worthwhile.

But the threat of such action can come in handy for lenders, servicers and collection agencies. By raising the possibility of a court fight, they can negotiate favorable terms when agreeing to loan modifications and workouts, surrenders of deeds and sales for less than the full amount owed, also known as short sales.

“Using the threat of a deficiency, full-recourse lenders often prevail upon distressed borrowers to sign new, unsecured obligations in exchange for their assent to a proposed short sale or surrender of a deed,” said William A. Markham, a lawyer with Maldonado & Markham in San Diego. “This practice will nearly vanish overnight if the new measure becomes law.”
There is much more in the article. Of course the bankers are fighting to make this apply only to new loans after June 2011. The realtors are fighting to make it apply to current loans ...