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California Investors, Need to Short Sale? New Law CCP 580E Is For You | Kris and Kimberly Darney

CALIFORNIA CODE OF CIVIL PROCEDURE

This law Took affect January 01, 2011…If you are an investor in need of a short sale,
however you’re concerned about potential recourse.this law was written for you.
580e.  (a) No judgment shall be rendered for any deficiency under anote secured by a first deed of trust or first mortgage for adwelling of not more than four units, in any case in which thetrustor or mortgagor sells the dwelling for less than the remainingamount of the indebtedness due at the time of sale with the writtenconsent of the holder of the first deed of trust or first mortgage.Written consent of the holder of the first deed of trust or firstmortgage to that sale shall obligate that holder to accept the saleproceeds as full payment and to fully discharge the remaining amountof the indebtedness on the first deed of trust or first mortgage.   (b) If the trustor or mortgagor commits either fraud with respectto the sale of, or waste with respect to, the real property thatsecures the first deed of trust or first mortgage, this section shallnot limit the ability of the holder of the first deed of trust orfirst mortgage to seek damages and use existing rights and remediesagainst the trustor or mortgagor or any third party for fraud orwaste.   (c) This section shall not apply if the trustor or mortgagor is acorporation or political subdivision of the state.

Call us for more info…714-615-7605

Best,

Kris & Kim

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