We own a 2nd home in Palm Desert California; our primary residence is in Wash State; Can California Lender attach Wa home?

Hi,

Your question is fraught with commercial issues. This is a typical lending/UCC question. UCC stands for Unified Commercial Code. The UCC resembles the law of contracts but is not the same thing. In fact, UCC cases are much more complex. Not every lawyer knows his way around the UCC. Words like attachments, perfections, financing statements, etc hide complex legal issues.

My best advice is to consult with an attorney. It is not possible to answer your question right off the bat because there are an infinte amount of facts that could play a role into your question and the respective answer. First of all, an attorney would need to review the documentation pertaining to each of the two transactions (the first one when you bought the first house and then the second one when you bought the second house). Then, the attorney would have to do a UCC filing search and ascertain the current status of things.

Again, my advice is to get in touch with an attorney soon. In these cases it's easy to make mistakes (this is true for you as much as the bank) and time is of the essence.

Feel free to give me a call if you'd like to discuss this further.

Fabio Ambrosio
Attorney at Law
(206)801-0985
www.ambrosiolawfirm.com

Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice. You should consult your attorney for legal advice tailored to your individual circumstances.

Hi,

Your question is fraught with commercial issues. This is a typical lending/UCC question. UCC stands for Unified Commercial Code. The UCC resembles the law of contracts but is not the same thing. In fact, UCC cases are much more complex. Not every lawyer knows his way around the UCC. Words like attachments, perfections, financing statements, etc hide complex legal issues.

My best advice is to consult with an attorney. It is not possible to answer your question right off the bat because there are an infinte amount of facts that could play a role into your question and the respective answer. First of all, an attorney would need to review the documentation pertaining to each of the two transactions (the first one when you bought the first house and then the second one when you bought the second house). Then, the attorney would have to do a UCC filing search and ascertain the current status of things.

Again, my advice is to get in touch with an attorney soon. In these cases it's easy to make mistakes (this is true for you as much as the bank) and time is of the essence.

Feel free to give me a call if you'd like to discuss this further.

Fabio Ambrosio
Attorney at Law
(206)801-0985
www.ambrosiolawfirm.com

Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice. You should consult your attorney for legal advice tailored to your individual circumstances.