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California is known as a one-action rule state, meaning that the lender must choose one action (and one action only) in order to recoup any losses from non-payment of funds.

The lender may choose to foreclose, then that lender may not bring a lawsuit against the borrower for any deficiency between the value of the note and the amount the home is sold for.

The lender may also chose to bring a lawsuit against the borrower, whereby they lose the right to foreclose, however, a judgment against the borrower may result in a forced sale as part of the civil proceedings (in order to get the lender paid), effectively evicting the owners from the home.

Now, only the first (primary) mortgage falls under the one-action rule. Any home equity loans or lines of credit are recourse loans.

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Q: In California how can you determine whether or not your mortgage is a non-recourse loan?
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