if i foreclose can the lenders go after my savings account
Submitted by dave kolm
from CA
- 02/23/2010 - 3:22am
i share an account with my mom, would that money be in jeopardy?
i share an account with my mom, would that money be in jeopardy?
Comments
If you only have one loan, California law gives the lender a choice to take the property through non-judicial foreclousre which is by far the most common (Notice of Default, Notice of Trustee Sale, Trustee Auction and the court is not used) or to file a foreclosure lawsuit. It is extremely rare for a lender to file a foreclosure lawsuit. It is referred to as the "one-action-rule". They only get to take the property in exchange for the quicker non-judicial foreclosure method.
Therefore, they cannot come after your savings or anything else. If you have a second mortgage or any other lien on the subject property, the amount you owe to them becomes unsecured and they are just like a credit card debt. They can try to make you pay, but could only come after your savings account if they file a lawsuit against you for the money you have not paid them.
If your name is on the account, it is my understanding that once they have a court judgment and the required writ of attachment, they could attach any account with your name on it.
The other issue that is of real and greater importance is the tax consequence, if any, from being foreclosed.
Good Luck
thank you.I only have the one loan, it is a mobile home and I owe 33,000. I didnt want to put my moms money in jeopardy.
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