Security First Rule Under California real estate law

California courts have decided Lenders must foreclose on the property security your loan rather than going after you personally on the promissory note.

One of the more well known cases where this is discussed is Walker V. Community Bank

https://www.casemine.com/judgement/us/5914c6bdadd7b049347dd63e

 

Note to California Property owners.

If you have 2 loans against your property and the senior lender forecloses your junior lender may be able to proceed against in court because they have have no security to proceed against.

This lender is called a sold out junior.

Sold out juniors may be able to sue in you court for the amount you own them plus fees.

If you are being foreclosed upon seek advice from experienced legal counsel.

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