I have a house in california but live in illinois? which State real estate law to follow?

Real Estate 2 views 3 answers
My exhusband and I bought a house in California in 2005. The market went down as our house. We live in different state. I live in Illinois and he lives in Florida. If we foreclose the house in California, which State real estate law do we have to follow?

Attorney Answers

3
Henry Repay ·
For most issues, California law will govern concerning California real estate, including foreclosure. Have you made any effort to work with the lender concerning an alternative to foreclosure, such as a Deed in Lieu of Foreclosure, a short sale, a loan modification that may allow you to keep, perhaps as rental property, . . . If bankruptcy is going to be involved to attempt to obtain a discharge of any deficiency you may incur from the foreclosure and otherwise address any financial concerns, the exemptions that apply will depend on the states in which you have been a resident at certain times and is a complicated matter that will need to be carefully considered by your bankruptcy attorney.
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Paul Smolinski ·
Are you saying in what state will the foreclosure be filed? Your mortgage company will file in the state and county in which the property exists. They will likely attempt to serve you with a summons if they can find you; however, they will also publish notice of the lawsuit in the paper. Have you thought about working with the mortgage company to transfer the house back to them without a lawsuit? The foreclosure process is expensive to the lender and perhaps they would work with you in accepting a Deed in lieu of Foreclosure. You may want to hire an attorney to work with you to review papers BEFORE you sign them if you find that the lender is interested in working with you.
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Erik Swanson 1134173.Html ·
If the house is in California, any foreclosure action will be brought in California and you will have to defend the action in California. Real property is always governed by the laws of the state where the property is located.
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