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You are here: Home / California / California home loans originated after January 1, 2013 will include new anti-deficiency protection

California home loans originated after January 1, 2013 will include new anti-deficiency protection

July 18, 2012 by Curtis Van Carter Leave a Comment

New Anti-Deficiency Protection for Refinance Loans Made After January 1, 2013

Starting January 1, 2013, a new California law will protect homeowners who default on their refinance loans from personal liability for any deficiency following foreclosure. Existing anti-deficiency law protects a borrower from personal liability for the difference between the principal balance and what the lender receives at foreclosure if the loan is a purchase money loan secured by an owner-occupied property with one-to-four residential units. The new law, Senate Bill 1069, extends that anti-deficiency protection to include any loan used to refinance the purchase money loan, plus any loan fees, costs, and related expenses for the refinance. The anti-deficiency protection, however, does not extend to any “cash out” in a refinance, which is when the lender advances new principal not applied to any obligation owed under the purchase money loan. This new law does not affect the other anti-deficiency protections for non-judicial foreclosures (or trustee’s sales) and seller financing.

This new law only applies to refinance loans or other credit transactions used to refinance a purchase money loan, or subsequent refinances of a purchase money loan, that are executed on or after January 1, 2013. For purposes of this law, any payment of principal shall be deemed to be applied first to the principal balance of the purchase money loan, and then to the principal balance of any new advance and interest payments shall be applied to any interest due and owing.

C.A.R. supported Senate Bill 1069 in the legislative process as many homeowners do not realize that, by refinancing, they lose their anti-deficiency protection for a purchase money loan. Senate Bill 1069 is similar to Senate Bill 1178 sponsored by C.A.R. in 2010, but vetoed by Governor Schwarzenegger. The full text of the law is available at www.leginfo.ca.gov.

Thank you for reading this post. If I can ever be of help in finding you the perfect property here in the Napa Valley, please email me at Curtis@NapaValleyAddress.com

 

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Filed Under: California, Distressed Sales, Real Estate News Tagged With: California, Distressed Sales, RE Current Info

Curtis Van Carter, has been one of Napa Valley Real Estate's most knowledgeable and experienced agents. He has been characterized by his clients for his honesty and knowledge to make a home sale or purchase as smooth as possible. If you are interested in selling or listing a home please call or EMAIL Curtis here.

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  • Photo of 1522 Yountville Cross Road, Yountville, CA 94599 (MLS # 21722381)

    1522 Yountville Cross Road , Yountville

    Home size: 2,105 sq ft Lot size: 43,560 sqft Year built: 1960

    Listing provided by , Gates Estates Sotheby's International Realty

    3 beds 2 baths $1,989,000

  • Photo of 6600 Yount Street #34, Yountville, CA 94599 (MLS # 21802160)

    6600 Yount Street #34 , Yountville

    Home size: 1,050 sq ft Lot size: 871 sqft Year built: 1990

    Listing provided by , Coldwell Banker B of V-Napa

    2 beds 2 baths $725,000

  • Photo of 1986 Yountville Cross Road, Yountville, CA 94599 (MLS # 21807003)

    1986 Yountville Cross Road , Yountville

    Home size: 1,646 sq ft Year built: 1982

    Listing provided by , Portofino Realty Advisors

    2 beds 2 baths $799,500

  • Photo of 1906 Oak Circle, Yountville, CA 94599 (MLS # 21808364)

    1906 Oak Circle , Yountville

    Home size: 1,666 sq ft Lot size: 6,098 sqft Year built: 1982

    Listing provided by , Gates Estates Sotheby's International Realty

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  • Photo of 216 Vista Court, Yountville, CA 94599 (MLS # 21809429)

    216 Vista Court , Yountville

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    Listing provided by , Pacific Union International

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