Old 08-10-2009, 11:31 AM   #1 (permalink)
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Second Loan - All Purchase Money - Is it recoursable per terms?

Hello,

Tried this in the "Ask The Attorneys section" but didn't get a response hence posting it here.

Property is in CA. Primary residence.
80/12/down.
First and Second with BFA (they said they own the note as well)
Heloc with BFA.

I'm currently waiting for a decision on my loan mod.

But since I am behind 4 payments now they have sent me a notice of Payup including late fees or they have the right to accelerate the loans.

Loss mit seems to be still working on it though.

My second seems to have some verbiage explicitly around the lender having recourse to recover the loan through liens on other assets, etc.

My question -
Even if the language in the second explicitly allows the lender some recourse, does the lender really have that option under CA law?

My HELOC on the other hand, explicitly states that the only recourse they have is the deed of trust. How does this expose the HELOC to recourse.

Thanks in advance.
- D


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