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I live in San Diego. I am about $100,000 up-side down. whats my exposure if I let the property go into foreclosure?

I plan to retire in 2 years and don't see the market recovering by then. While I can make the payments not, I won't be able to when I retire.

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Attorney answers (2)

Reputation Level 20
Is your mortgage "purchase money," i.e., was this loan used to buy the house? If so, and you haven't financed and have used the house as your residence, there's an anti-deficiency law in CA that says that if the lender does a non-judicial foreclosure, which is the quickest and easiest, they just get the property back, and they can't then sue you for the $100K deficiency. A foreclosure will ding your credit, though.

Have you asked your lender about a loan modification? Some lenders are agreeing to 2 year interest-only loans, in the hopes that by then, the economy will have recovered enough for refinancing, more income, house sales, etc.


Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Reputation Level 20
I agree with Ms. Koslyn, but if your loan is not a purchase money loan (non-recourse) you could also consider a short sale. You could agree with the lender to not pursue a deficiency as part of the short sale.

Disclaimer - This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique legal challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

Circular 230 Disclaimer - “Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisers regarding the same.”

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