Have a Tax Question? Ask a Tax Expert
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 pageshttps://www.ftb.ca.gov/professionals/taxnews/2007/1007/1007_3.shtmlhttps://www.ftb.ca.gov/professionals/taxnews/2009/July/Article_9.shtml
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.