San Diego short sale


Saturday, October 27, 2007

Short sales vs. non judicial foreclosure law

When considering a short sale a san diego homeowner should assess whether the lender will be able to utilize a judicial or non judicial foreclosure.

580: "580d. Rendition of deficiency judgment after foreclosure under power of sale forbidden; Exceptions No judgment shall be rendered for any deficiency upon a note secured by a deed of trust or mortgage upon real property or an estate for years therein hereafter executed in any case in which the real property or estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust. This section does not apply to any deed of trust, mortgage or other lien given to secure the payment of bonds or other evidences of indebtedness authorized or permitted to be issued by the Commissioner of Corporations, or which is made by a public utility subject to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code)."