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What is "non recourse" debt? Is my Carmel real estate in jeapordy?

Posted by Gregg Camp on Monday, November 8th, 2010 at 4:28pm.

Many are in some financial throes and have come across this term in California as they wrestle what to do. Santa Cruz home prices have come down and some cannot either refinance or in cases make their payments. This applies to Carmel real estate as well, but many Carmel real estate buyers do not finance, so the problem is not as common.

So one wants to know what is the difference between a recourse debt in California and a non recourse debt?

Under California law a debt is considered "non recourse" when a loan is made under one of the two following circumstances:

  1. When the loan is made to purchase 1-4 units of residential property, one of which the owner intends to occupy as a primary residents, or
  2. When the seller carries back financing for all or a portion of the purchase price of any real property


In the event that the buyer defaults, the lender or the financing seller, is restricted to recovering the property as collateral for the debt owed. The seller or lender is not allowed to go after any deficiency that may have occurred. So if they incur a loss on the loan,the collateral is their only recourse.

So if you are upside down in the house, the lender cannot get more than the house back as that was collateral. For more specific information on home loans and deficiencies, consult your attorney for each situation.

house_upside_down_251 

This is when your home is really upside down!

Gregg Camp
831-818-7524


3 Responses to "What is "non recourse" debt? Is my Carmel real estate in jeapordy?"

What is recourse loan? | Property in Santa Cruz Real Estate Blog wrote:
[...]house was the sole collateral for the loan.
If you had refinanced, then you have a recourse loan. What is a non recourse loan?
So in a recourse loan is a debt where one of these exceptions did not occur:
Owner did not[...]

Posted on Wednesday, December 15th, 2010 at 10:54 PM.

Today’s Links « Monterey Real Estate wrote:
[...]What is "non recourse" debt? Is my Carmel real estate in jeapordy?
Many are in some financial throes and have come across this term in California as they wrestle what to do. Santa Cruz home prices have come down and some cannot either refinance or in cases make their payments. This applies to Carmel real estate as well, but many Carmel real estate buyers do not finance, so the problem is not as common.
So one wants to know what is the difference between a recourse debt in California and a non recourse debt?
Under California law a debt is considered "non…[...]

Posted on Sunday, January 2nd, 2011 at 1:19 PM.

Today's Links wrote:
[...]What is "non recourse" debt? Is my Carmel real estate in jeapordy?
Many are in some financial throes and have come across this term in California as they wrestle what to do. Santa Cruz home prices have come down and some cannot either refinance or in cases make their payments. This applies to Carmel real estate as well, but many Carmel real estate buyers do not finance, so the problem is not as common.
So one wants to know what is the difference between a recourse debt in California and a non recourse debt?
Under California law a debt is considered "non…[...]

Posted on Tuesday, January 18th, 2011 at 8:00 AM.



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