see below link. new law 2013 is the cut off line.

来源: 2018-11-29 14:29:08 [旧帖] [给我悄悄话] 本文已被阅读:

The anti-deficiency protections of California foreclosure real estate law hold that “purchase money” non-recourse loans that were refinanced before January 1, 2013, transform into “recourse” loans on a refinance. The result? Lender can pursue a deficiency judgment for $200,0000 against Borrower via Judicial Foreclosure only. By pursuing Non-Judicial Foreclosure, Lender waives its right to a deficiency judgment. Non-recourse loans that were refinanced (not including a “cash out refinance“) after January 1, 2013, maintain their non-recourse status and do not change into recourse loans; therefore, Lender cannot go after Borrower regardless if Judicial or Non-Judicial Foreclosure (commonly called “Trustee Sale“) is pursued.

Any refinanced loan in which Borrower takes “cash out” is subject to a Lender seeking a deficiency judgment via Judicial Foreclosure regardless of when (before or after January 1, 2013) Borrower refinances. “Cash out” means that the lender advances new principal which is not applied to any obligation owed under the purchase money loan or to fees, costs or related expenses of the refinance.