Deficiency judgments can only be granted when:
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a property has been judicially foreclosed.
the value of the property equals or exceeds the underlying balance due on the loan.
This is incorrect because deficiency judgments are actually sought when the property value is LESS than the loan balance, not when it equals or exceeds it. When the property value equals or exceeds the loan balance, the lender can recover their full amount through foreclosure sale and doesn't need a deficiency judgment.
the mortgage is classified as a purchase-money mortgage.
This is incorrect because purchase-money mortgages are actually protected from deficiency judgments in California under certain conditions. The classification of a mortgage as purchase-money actually limits the lender's ability to seek a deficiency judgment rather than enabling it.
b. the value of the property equals or exceeds the underlying balance due on the loan. c. the mortgage is classified as a purchase-money mortgage. d. a property has been foreclosed under a trustee’s sale.
This is incorrect because trustee's sales (non-judicial foreclosure) in California specifically DO NOT allow for deficiency judgments. This is a key distinction from judicial foreclosure, which is why option A is correct.
Why is this correct?
In California, deficiency judgments are generally only available through judicial foreclosure.
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