Law360, New York (September 12, 2012, 1:49 PM EDT) -- Millions of homeowners have refinanced their mortgages in recent years as mortgage rates have fallen to record lows. What most California homeowners do not know is that refinancing causes a borrower to lose important protections against any “deficiency judgment” that results when his or her home is sold for less than is owed. That is set to change as of Jan. 1, 2013, thanks to a recent amendment to California’s antideficiency law that passed without much fanfare.
Under California law, homeowners who borrow money to purchase a house are immune from deficiency liability pursuant to Code of Civil Procedure Section 580b....
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