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- From: alvin@zany.mti.sgi.com (Alvin Oga)
- Newsgroups: misc.invest.real-estate
- Subject: Re: Secured Loans,Mortgages and Liability
- Message-ID: <1hb866INNm7f@spim.mti.sgi.com>
- Date: 24 Dec 92 02:44:22 GMT
- References: <3939@key.COM>
- Reply-To: alvin@zany.mti.sgi.com (Alvin Oga)
- Organization: Silicon Graphics, Inc.
- Lines: 44
- NNTP-Posting-Host: zany.mti.sgi.com
-
- In article <3939@key.COM>, rburns@key.COM (Randy Burns) writes:
- |> With the California real-estate market going down the toilet,
- |> I'm getting concerned about what might happen to my assets other than my
- |> house. My home equity has already evaporated(i.e. the 30K I used to buy
- |> out my partner, my 24K down payment and 10K of out of pocket expenses I
- |> used to fix the place up now translates into 10K of equity). What I'm
- |> now concerned about is whether my other assets can be attached in the event
- |> that I can no longer meet my mortgage payments. My largest remaining assets
- |> are in a money-purchase pension plan.
- |>
- |>
- |> Now, what is likely to happen in the event the maket goes down another
- |> 20%. My understanding is that if I surrender the house to the bank, my
- |> debt is not completely canceled(i.e. the bank could still attach my other
- |> assets). Am I correct in this understanding? Thanks! I'm also a little
- |> confused about the situation regarding exemption of pension assets from
- |> forclosure in California.
-
- Regarding foreclosure of residential properties in California:
- a. the lenders only have one recourse in CA.
- ie they can only take your house away from you.
-
- b. If you signed additional collateral to get the loan or equity line of credit
- that was secured with your 'pension plan asset', then since it
- was pledged as additional collateral, the lender can take that too.
-
- c. most of the local lenders don't give you the loan unless the property had
- the equity in it to begin with, and usually (90% +/-) of the time
- won't be asking for the additional collateral.
-
- d. However, on the other hand, most commercial lenders ask for personal
- guarantee and additional collateral for the commercial loans.
- Furthermore, they are NOT limited to just one recourse.
- They can come after your checking account, cars, furniture, etc
-
- FYI, a lender already tried to get all the assets of the borrower who had
- defaulted, by taking the home and the checking account. They went to court
- and the lender had to give back the (sizable) checking account balance.
-
- Don't worry...you're not the only one in this predicament....Nothing you can
- do about it....Don't borrow any more money secured by the house....
-
- GOod luck,
- alvin alvin@mti.sgi.com
-