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I am considering a buy and bail in Southern California. I

 
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  • Answered by:Barrister
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Customer Question

I am considering a buy and bail in Southern California. I have a 100% Cal Vet home loan on my first house. This type of loan is held with California State Bonds. I am upside down $100,000 and have just bought my second home. I will not have to make a payment on my second home for a couple of months and am wondering if I should simply walk away from my first home or rent it out and take a $600 a month loss. I guess my main question is if the State can hit me with a deficincy judgment. I have read that California's anti-deficiency statute does not apply to VA loans but I do not think Cal Vet is a VA loan since I just purchaced my second home with a VA home loan.

 

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State/Country relating to question: California

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I tried to refinance with Cal Vet and they tell me my only option is to Short Sale, Deed in liu, or forclose on the property since the loan is held with state bonds.

Submitted: 340 days and 5 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED

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Expert:  Barrister replied 340 days and 5 hours ago.

Hello,

In a Cal Vet loan the state of California is the actual lender, not the VA. So it would not fall under the exemption for VA loans for deficiency judgments. So if this was a purchase money loan not guaranteed by the VA, they couldn't come after you for a deficiency if they foreclosed.
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With that said, if they are willing to do a deed in lieu of foreclosure, that would be the best option because the debtor signs the property back over to the lender and then the lender forgives the outstanding debt. This is less damaging to your credit than a foreclosure.
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Thanks.

Barrister

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Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.6 %
Accepts: 4094
Answered: 5/10/2012

Experience: 12 years real estate, Realtor. Landlord 23+ years

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