by Calculated Risk on 6/09/2010 10:05:00 PM

Under California law, purchase money loans are non-recourse. However once a homeowner refinances, the entire mortgage is recourse ... that is probably going to change:

From Jim the Realtor: SB 1178 – Amended

SB 1178, the bill passed by the California State Senate by a 30-4 vote, is on its way to the Assembly.

The new intent:

This bill preserves a borrowers protection from a deficiency judgment when loans are refinanced, but only to the extent that the refinance is used to pay debt incurred to purchase the real property. The provisions of this bill become operative on June 1, 2011.

Yes, there was an amendment slipped in last week that eliminated the cash-out refinances, even those used for home improvement. The current bill is only applies to those who refinanced the mortgage used to purchase the home.

Jim wonders if some homeowners will wait until June 1, 2011 to default. I doubt it. Most borrowers I've spoken with have no idea about recourse vs. non-recourse, and purchase money vs. refinance.

Note that additional money borrowed above the original purchase loan amount will still be recourse if this becomes law.