Eric,
rior thread? I am very
inerested in your comments, butI find it difficult to get to them.
Peter
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To:
cdcbaa@yahoogroups.com
Sent: Sat, May 7, 2011 5:23:51 PM
Subject: Re: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
In a message dated 5/7/2011 3:44:33 P.M. Pacific Daylight Time,
sblever@leverlaw.com writes:
>No cases I know of. The research I did was over 10 years ago. But it seems to
>me that even a refinance can be to pay the purchase price. The purchase price
>never changes, and to at least that extent I dont see why the borrower should
>lose the nonrecourse protection up to the purchase price just because he or she
>refinanced it.
>From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of P L
>Sent: Friday, May 06, 2011 7:21 PM
>To:
cdcbaa@yahoogroups.com
>Subject: Re: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
>
>Not 100% sure, but the statute seems clear where it state "aloan which was in
>fact used to pay all or part of the purchase price of thatdwelling"
>I'm curoius to know if there are cases supporting your recollection.
>
>Peter M. Lively, JD, MBA
>The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
>
________________________________
>From:Steven B. Lever
>To:
cdcbaa@yahoogroups.com
>Sent: Fri, May 6, 2011 7:12:12 PM
>Subject: RE: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
>
>
>Its been a long time since I did research on CCP 580b, but my recollection is
>that in a refinance it is still considered purchase money so long as it is>financing the original loan amount. In other words, if you originally financed
>$400,000 of a $500,000 house and your only refinancing the current balance owed
>on the original financing, say the loan was paid down to $350,000 and only>$350,000 was borrowed in the refi then that still has the 580b protection.>that correct or have I muddled it?
>Steven B. Lever
>
www.leverlaw.com
>From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of P L
>Sent: Friday, May 06, 2011 7:06 PM
>To:
cdcbaa@yahoogroups.com
>Subject: Re: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
>
>Refinancetakes loan outside of anti-deficiency statute, since no longer
>purchase money.CCP 580b protection requires at least partial owner occupancy,
>so that apparently wasn't available on your facts anyway.
>Sold-outnon-purchase-moneysecondis recourse as to borrower and itcountsin
>109(e).
>
>Peter M. Lively, JD, MBA
>The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
>
________________________________
>From:t_mannis
>To:
cdcbaa@yahoogroups.com
>Sent: Fri, May 6, 2011 6:56:26 PM
>Subject: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
>
>
>LOL, well, of course now we have two competing theories...
>
>Just to clarify, rental properties, in California, so anti-deficiency, re-fi's,
>non-purchase. We know under the one-action rule, the first that foreclosed got
>their property, and so they're done. That leaves $300,000 second which got>nothing, and which hasn't uttered word one...yet.
>
>--- In
cdcbaa@yahoogroups.com, P L wrote:
>>
>> Settle something toget below 109(e) debt limit?>>way?
>>
>> If not purchase money in an anti-deficiency state, note is in default,
>> andcollateral is gone, thenI believethe debt isnon-contingent and
>> liquidated.
>>
>>
>> Peter M. Lively, JD, MBA
>> The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
>>
>>
>>
>>
>>
>>
>> ________________________________
>> To:
cdcbaa@yahoogroups.com
>> Sent: Fri, May 6, 2011 4:43:53 PM
>> Subject: [cdcbaa] Chapter 13 Debt Limits with POSSIBLE deficiencies
>>
>>
>> In a nutshell, potential client cannot pass Means Test for a 7. OK, so let's
>>put
>>
>> him into a 13. Well, he had a couple expensive rental properties that
>> foreclosed. The second on one is $300,000 alone. Needless to say, with the
>>other
>>
>> debt that he has, that would put him over the unsecured limit almost by itself.
>>
>> However, they haven't YET come after him, or given any indication as to if and
>
>> when they will, although its clear that they could. How does that factor into
>> the debt limit equation? Practically speaking, the guy simply cannot afford to
>
>> go 11. Is he out of luck?
>>
>>
>> Todd Mannis, Esq.
>> Calabasas, CA
>>Steve-
My understanding is that a refi does eliminate 580b protection. I believe
thisanswer can beconfirmed in pending CA legislation to restore P/M protection
(owner occupied residence) to the extent the refi is comprised of the original
loan.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Eric,
Why do your reply emails show so much of the prior thread? I am very inerested in your comments, but I find it difficult to get to them.
Peter
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: "
mitnicklaw@aol.com" <
mitnicklaw@aol.com>To:
cdcbaa@yahoogroups.comSent: Sat, May 7, 2011 5:23:51 PMSubject: Re: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
In a message dated 5/7/2011 3:44:33 P.M. Pacific Daylight Time,
sblever@leverlaw.com writes:
No cases I know of. The research I did was over 10 years ago. But it seems to me that even a refinance can be to pay the purchase price. The purchase price never changes, and to at least that extent I dont see why the borrower should lose the nonrecourse protection up to the purchase price just because he or she refinanced it.
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of P LSent: Friday, May 06, 2011 7:21 PMTo:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
Not 100% sure, but the statute seems clear where it state "a loan which was in fact used to pay all or part of the purchase price of that dwelling"
I'm curoius to know if there are cases supporting your recollection.
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Steven B. Lever <
sblever@leverlaw.com>To:
cdcbaa@yahoogroups.comSent: Fri, May 6, 2011 7:12:12 PMSubject: RE: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
Its been a long time since I did research on CCP 580b, but my recollection is that in a refinance it is still considered purchase money so long as it is financing the original loan amount. In other words, if you originally financed $400,000 of a $500,000 house and your only refinancing the current balance owed on the original financing, say the loan was paid down to $350,000 and only $350,000 was borrowed in the refi then that still has the 580b protection. Is that correct or have I muddled it?
Steven B. Lever
www.leverlaw.com
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of P LSent: Friday, May 06, 2011 7:06 PMTo:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
Refinance takes loan outside of anti-deficiency statute, since no longer purchase money. CCP 580b protection requires at least partial owner occupancy, so that apparently wasn't available on your facts anyway. Sold-out non-purchase-money second is recourse as to borrower and it counts in 109(e).
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: t_mannis <
toddlaw@dslextreme.com>To:
cdcbaa@yahoogroups.comSent: Fri, May 6, 2011 6:56:26 PMSubject: [cdcbaa] Re: Chapter 13 Debt Limits with POSSIBLE deficiencies
LOL, well, of course now we have two competing theories...Just to clarify, rental properties, in California, so anti-deficiency, re-fi's, non-purchase. We know under the one-action rule, the first that foreclosed got their property, and so they're done. That leaves $300,000 second which got nothing, and which hasn't uttered word one...yet.--- In
cdcbaa@yahoogroups.com, P L <
The post was migrated from Yahoo.