Short Sale, Foreclosure and Strategic Default

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Saturday, January 26, 2008

San Diego short sales and foreclosure

In addition to purchase money protection laws under California Code of Civil procedure 580 b, a homeowner may also have protection from deficiency creditors through California Code of Civil Procedure 580d.

If you only have one loan and the lender utilizes and non judicial foreclosure - the former owner is protected from a deficiency judgment. (you may need a lawyer to enforce your rights - it may not be automatic).

580 b and 580 d are some of the many reasons why it is a mistake to do a short sale without legal advice.