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Which of the following is TRUE about California's anti-deficiency rules after non-judicial foreclosure?

Correct Answer

C) The lender cannot pursue a deficiency judgment after a non-judicial foreclosure

California's anti-deficiency statute prohibits lenders from pursuing a deficiency judgment after a non-judicial foreclosure sale, even if the sale proceeds don't cover the full debt.

Answer Options
A
The lender can pursue a deficiency judgment for the remaining balance
B
Deficiency judgments are allowed only for investment properties
C
The lender cannot pursue a deficiency judgment after a non-judicial foreclosure
D
The borrower must pay the deficiency within 90 days

Why This Is the Correct Answer

California's anti-deficiency statute prohibits lenders from pursuing a deficiency judgment after a non-judicial foreclosure sale, even if the sale proceeds don't cover the full debt.

Why the Other Options Are Wrong

Option A: The lender can pursue a deficiency judgment for the remaining balance

Deficiency judgments are specifically prohibited after non-judicial foreclosure in California.

Option B: Deficiency judgments are allowed only for investment properties

The protection applies to all non-judicial foreclosures, not just investment properties.

Option D: The borrower must pay the deficiency within 90 days

There is no 90-day payment requirement because deficiency judgments are not allowed.

Memory Technique

CA -> ca-foreclosure-property-servicing-and-debt-collection

Exam Tip

Legacy California general items should be used sparingly; they are kept officially supported for existing content but new MLO growth should focus more on DFPI/DRE, CFL, CRMLA, covered-loan, and usury rules.

Common Mistakes to Avoid

  • -Using a national baseline answer when California has agency-specific DFPI or DRE requirements
  • -Confusing CFL, CRMLA, covered-loan, usury, servicing, and DRE endorsement rules
  • -Relying on legacy California state-exam or education assumptions instead of current NMLS source pages
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