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Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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Recourse vs. Non-Recourse Debt I have a residential rental

Resolved Question:

Recourse vs. Non-Recourse Debt

I have a residential rental property that was foreclosed on in 2011. I'm in one state, the mortgage lender is another, and the rental property is another. I received a 1099-A and am reporting it on Form 4797, but I'm not sure which state's debt laws I am subject to. The 1099-A says that I am personally liable for the debt, but I live in California, which is a Non-Recourse state. Is the loan a Recourse loan because the lender and the rental property are in Recourse states? How do I determine which Recourse/Non-Recourse laws apply to me?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.


Hi and welcome to Just Answer!


The law wich should be applied in your situation is where the property is located - in your situation - in California.


However that doesn't mean all California mortgages are Non-Recourse - your specific loan may be Recourse or Non-Recourse depending on circumstances. For instance - purchase money mortgages, which are mortgages where the borrowed funds are used to purchase the house, are generally treated as non-recourse debt. But if you refinance and take cash out - part of that amount might be a Recourse Debt.
You will find more information on following pages


I live in California and my forclosed rental property was in Georgia. So then I would be subject to Georgia's recourse laws?


That is correct - sorry for confusion - if the propery is in GA - GA laws should be used.


Georgia is NOT a nonrecourse state. OCGA § 44-14-161 allows creditors to obtain a deficiency jugment if the foreclosure sale is reported to a judge within 30 days of sale.

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