anti-deficiency | firsttuesday Journal

The 20% solution: personal savings rates and homeownership

by ft Editorial Staff | Oct 24, 2022 | Charts, Economics, Home Sales, Market Watch, Real Estate | 0

How today’s low savings rates impact California’s real estate market.

California’s low homeownership rate to continue

by ft Editorial Staff | Mar 16, 2020 | Charts, Economics, Home Sales, Market Watch, Real Estate | 3

California’s homeownership rate ballooned during the Millennium Boom, but quickly fell to today’s low level of 55%.

May a mortgage holder recover the amount owed on a junior mortgage after a nonjudicial foreclosure when they are also the holder of the senior mortgage?

by Benjamin J. Smith | Feb 18, 2019 | Real Estate, Recent Case Decisions | 0

Black Sky Capital, LLC v. Cobb Facts: A property owner obtains two mortgages secured by the same...

Can a mortgage holder enforce a homeowner’s waiver of their anti-deficiency protections on a short sale?

by ft Editorial Staff | Mar 28, 2016 | Real Estate, Recent Case Decisions | 0

Coker v. JP Morgan Chase Bank, N.A. Facts: A homeowner defaults on their purchase-assist mortgage...

Escrowing a note and trust deed assignment

by ft Editorial Staff | Jul 31, 2015 | Feature Articles, Investment, Real Estate | 0

Part II of this article series discusses the escrowing the assignment of a trust deed note. For...

May a junior mortgage holder collect on a deficiency after a bankruptcy court sanctioned the foreclosure sale?

by Amy Thomas | Jun 11, 2015 | Recent Case Decisions | 0

An investor purchases an income property encumbered by multiple mortgages, then files for bankruptcy.

May a lender impose a lien on an owner’s future recovery awarded after a foreclosure on the owner’s property results in a deficiency?

by Sarah Kolvas | May 1, 2014 | Real Estate, Recent Case Decisions | 0

A landowner purchased a parcel of land and improved it with infrastructure for future development.

If I convert my home to a rental, does my mortgage become a recourse loan?

by Matthew Taylor | Mar 25, 2014 | Finance, Letters to the Editor, Property Management, Real Estate | 0

A look at the triggers which convert nonrecourse to recourse debt.

May a creditor claim fraud to collect unsecured, nonrecourse debt from a buyer?

by Elizabeth T. Pardo | Feb 6, 2014 | Laws and Regulations, Real Estate, Recent Case Decisions | 2

Facts: A buyer employed a mortgage broker to obtain funds to purchase a single family residence to...

Is a carryback note modified by a settlement agreement still controlled by anti-deficiency law?

by Matthew Shade | Nov 11, 2013 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

A buyer sought to avoid a seller’s demand, claiming the seller was prohibited from seeking a deficiency judgment since the buyer was protected under state anti-deficiency law.

May a lender obtain a deficiency judgment against an owner on a short sale?

by Matthew Shade | Aug 27, 2013 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

An owner purchased property with a loan secured by a deed of trust held by the lender. Later, the owner defaulted and the lender recorded a notice of default…

Assignee barred from collecting on junior lien default after non-judicial foreclosure sale

by Jeffery Marino | Jul 19, 2012 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Facts: A lender provided purchase-assist financing to a borrower secured by a first and second...

The votes are in: extend the Mortgage Forgiveness Debt Relief Act

by ft Editorial Staff | Apr 11, 2012 | Finance, Reader Polls, Real Estate | 1

Readers weigh in on topics affecting the California real estate industry.

Tax avoidance for discounted shortpays set to expire – are Californians in trouble?

by Carrie B. Reyes | Mar 28, 2012 | Finance, Reader Polls, Real Estate | 10

Do you support renewing the Mortgage Forgiveness Debt Relief Act? Yes (80%, 207 Votes) No (20%, 52...

You’re sure you’re a shortsale specialist?

by ft Editorial Staff | Sep 30, 2011 | Feature Articles, Real Estate | 1

Part II of this article series examines the pedigree of a true “short sale specialist” and highlights the many tedious aspects of qualifying a negative-equity homeowner for a short payoff with his mortgage lender.