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Edit: It appears that some states have a "non recourse" law so your debt is limited to the property value. >There are currently 12 non-recourse states: Alaska

Edit: It appears that some states have a "non recourse" law so your debt is limited to the property value. >There are currently 12 non-recourse states: Alaska, Arizona, California, Connecticut, Hawaii Idaho, Minnesota, North Carolina, North Dakota, Texas, Utah, and Washington https://www.legalmatch.com/law-library/article/what-is-a-recourse-state.html https://www.legalmatch.com/law-library/article/what-is-a-rec... Original comment: >and they can't come after the rest of your assets, only the securing property That's not true. The come for the property FIRST. Then once they've sold that and it fails to cover the debt (plus interest and fees, plus the cost of sale) they come for whatever else you have.

lifeisstillgood 6y ago
this is usually why a special purpose vehicle is used to buy the second property - buck stops there
telotortium 6y ago
Depends on the loan and the state (in the US). In most US states, a mortgage can be either recourse (which is as you described) or non-recourse (lender can only cover the debt using the house, not any other assets) - no idea which is more prevalent there. I live in a non-recourse state, which forbids recourse mortgages - https://www.legalmatch.com/law-library/article/what-is-a-recourse-state.html#Which-States-Are-Considered-Non-Recourse-States https://www.legalmatch.com/law-library/article/what-is-a-rec...?
- LatteLazy 6y ago
  Sorry, I spoke too soon. I've corrected me comment. Thanks for the info!
NovemberWhiskey 6y ago
It depends where you live. In some states, home mortgages are generally non-recourse loans which means that lenders are only entitled to the securing asset (i.e. the home). California is such a state, for example.
mantasm 6y ago
This depends on the state, e.g. in California: "Strategic default works in California because this is a "non-recourse" state. Unlike in many states, a mortgage lender in California has only one type of legal recourse in the event that a borrower defaults on a loan: to foreclose on the property. All that the bank can do is repossess your house; they cannot sue you in court to recover payment for the deficiency, which is the difference between the outstanding loan balance and the amount that the bank recovers by selling the home in a foreclosure auction. Strategic default has the advantage that in many cases it allows the homeowner to remain in the property for an extended period because the process of foreclosure often takes a considerable amount of time. During this period, you can save the money you would normally be spending on your mortgage and use it to pay down other debts." https://www.sandiegolegalpros.com/other-practice-areas/foreclosure-defense/strategic-default/#:~:text=Strategic%20default%20works%20in%20California,to%20foreclose%20on%20the%20property https://www.sandiegolegalpros.com/other-practice-areas/forec....
- LatteLazy 6y ago
  Oh, sorry, I didn't know that. I stand corrected!

lifeisstillgood 6y ago

this is usually why a special purpose vehicle is used to buy the second property - buck stops there

telotortium 6y ago

Depends on the loan and the state (in the US). In most US states, a mortgage can be either recourse (which is as you described) or non-recourse (lender can only cover the debt using the house, not any other assets) - no idea which is more prevalent there. I live in a non-recourse state, which forbids recourse mortgages - https://www.legalmatch.com/law-library/article/what-is-a-recourse-state.html#Which-States-Are-Considered-Non-Recourse-States https://www.legalmatch.com/law-library/article/what-is-a-rec...?

LatteLazy 6y ago
Sorry, I spoke too soon. I've corrected me comment. Thanks for the info!

NovemberWhiskey 6y ago

It depends where you live. In some states, home mortgages are generally non-recourse loans which means that lenders are only entitled to the securing asset (i.e. the home). California is such a state, for example.

mantasm 6y ago

This depends on the state, e.g. in California: "Strategic default works in California because this is a "non-recourse" state. Unlike in many states, a mortgage lender in California has only one type of legal recourse in the event that a borrower defaults on a loan: to foreclose on the property. All that the bank can do is repossess your house; they cannot sue you in court to recover payment for the deficiency, which is the difference between the outstanding loan balance and the amount that the bank recovers by selling the home in a foreclosure auction. Strategic default has the advantage that in many cases it allows the homeowner to remain in the property for an extended period because the process of foreclosure often takes a considerable amount of time. During this period, you can save the money you would normally be spending on your mortgage and use it to pay down other debts." https://www.sandiegolegalpros.com/other-practice-areas/foreclosure-defense/strategic-default/#:~:text=Strategic%20default%20works%20in%20California,to%20foreclose%20on%20the%20property https://www.sandiegolegalpros.com/other-practice-areas/forec....

LatteLazy 6y ago
Oh, sorry, I didn't know that. I stand corrected!