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	<title>Comments on: What Is A Home Equity Line Of Credit?</title>
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		<title>By: theking1717</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-996</link>
		<dc:creator>theking1717</dc:creator>
		<pubDate>Mon, 02 Aug 2010 13:16:27 +0000</pubDate>
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		<description>ty! im 10 so and im making cookies for my sick mom</description>
		<content:encoded><![CDATA[<p>ty! im 10 so and im making cookies for my sick mom</p>
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		<title>By: abcd12345</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-993</link>
		<dc:creator>abcd12345</dc:creator>
		<pubDate>Mon, 02 Aug 2010 11:34:20 +0000</pubDate>
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		<description>i don tknow how to use the oven and im ashamed!!!:(</description>
		<content:encoded><![CDATA[<p>i don tknow how to use the oven and im ashamed!!!:(</p>
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		<title>By: lifeagent</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-1003</link>
		<dc:creator>lifeagent</dc:creator>
		<pubDate>Sun, 01 Aug 2010 21:29:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html#comment-1003</guid>
		<description>I guess you did not like my first answer, so I&#039;ll answer again in a different way. I am assuming from your prior posts that this was taken out at the time you bought the property as a combo loan.

Purchase money loans are non-recourse in California. 

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A &quot;power of sale&quot; clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default. In deeds of trust or mortgages where a power of sale exists, as in California, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. This is uncommon in most other states where there is no &quot;third party&quot; that can execute the sale upon default by the borrower.

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out by specific rules.  Lenders may not seek a deficiency judgment after a non-judicial foreclosure sale and the borrower has no rights of redemption.

On the other hand, the judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. This is uncommon with most commercially available real estate loans (i.e. Citi Mortgage) in CA and most likely would be found when there is a private party lending the money to purchase or finance the real property. Generally, once the court declares a foreclosure, the property will be auctioned off to the highest bidder.  Using this type of foreclosure process, lenders may seek a deficiency judgement in an attempt to recoup some of their losses. Under certain circumstances, the borrower may have up to one (1) year to redeem the property.

As a rule, borrowers facing foreclosure and/or a short sale should consult their attorney and tax professional for expert advice.


Edit:

If as stated below, it was done subsequent to the purchase, your liability here is more complex, and depends in part on which lien forecloses first.

If the senior LH (Lien Holder) forecloses first, it will wipe out any junior LH. Should the proceeds on the senior lien&#039;s FC fail to cover the amount due on the HELOC, the lender can come after you for the difference, up until the statute of limitations on the debt has run.

The issue is whether the lender actually will do so. If you lack assets, it is unlikely they&#039;ll be interested in spending money to get a judgment.

The other important point here is to remember the &quot;one action&quot; rule. If the junior LH is the one who forecloses first, then you will not have personal liability on the junior lien (even on a HELOC) - 
the junior LH will have taken its single bite of the apple by foreclosing, and takes only what its &quot;bite&quot; ends up producing. The senior LH, however, is still intact.

Some people, if they simply cannot pay both mortgages anymore, refi or a sale won&#039;t work, then they do what they can to keep the 1st TD current. Letting the HELOC go into arrears may force the HELOC lender to make a choice. This may force the HELOC lender to foreclose - and thereby eliminate your largest potential source of liability.

What happens after that is the concern of the junior LH, who has to then monitor the 1st TD to protect its interest in the property. You will, of course, then be evicted by the new record owner - the junior LH - who then gets to decide how to handle  the senior LH (pay them off, bid at the senior&#039;s FC sale, etc.).

This is not advice, seek the advice of an attorney.</description>
		<content:encoded><![CDATA[<p>I guess you did not like my first answer, so I&#039;ll answer again in a different way. I am assuming from your prior posts that this was taken out at the time you bought the property as a combo loan.</p>
<p>Purchase money loans are non-recourse in California. </p>
<p>The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A &quot;power of sale&quot; clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default. In deeds of trust or mortgages where a power of sale exists, as in California, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. This is uncommon in most other states where there is no &quot;third party&quot; that can execute the sale upon default by the borrower.</p>
<p>If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out by specific rules.  Lenders may not seek a deficiency judgment after a non-judicial foreclosure sale and the borrower has no rights of redemption.</p>
<p>On the other hand, the judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. This is uncommon with most commercially available real estate loans (i.e. Citi Mortgage) in CA and most likely would be found when there is a private party lending the money to purchase or finance the real property. Generally, once the court declares a foreclosure, the property will be auctioned off to the highest bidder.  Using this type of foreclosure process, lenders may seek a deficiency judgement in an attempt to recoup some of their losses. Under certain circumstances, the borrower may have up to one (1) year to redeem the property.</p>
<p>As a rule, borrowers facing foreclosure and/or a short sale should consult their attorney and tax professional for expert advice.</p>
<p>Edit:</p>
<p>If as stated below, it was done subsequent to the purchase, your liability here is more complex, and depends in part on which lien forecloses first.</p>
<p>If the senior LH (Lien Holder) forecloses first, it will wipe out any junior LH. Should the proceeds on the senior lien&#039;s FC fail to cover the amount due on the HELOC, the lender can come after you for the difference, up until the statute of limitations on the debt has run.</p>
<p>The issue is whether the lender actually will do so. If you lack assets, it is unlikely they&#039;ll be interested in spending money to get a judgment.</p>
<p>The other important point here is to remember the &quot;one action&quot; rule. If the junior LH is the one who forecloses first, then you will not have personal liability on the junior lien (even on a HELOC) &#8211;<br />
the junior LH will have taken its single bite of the apple by foreclosing, and takes only what its &quot;bite&quot; ends up producing. The senior LH, however, is still intact.</p>
<p>Some people, if they simply cannot pay both mortgages anymore, refi or a sale won&#039;t work, then they do what they can to keep the 1st TD current. Letting the HELOC go into arrears may force the HELOC lender to make a choice. This may force the HELOC lender to foreclose &#8211; and thereby eliminate your largest potential source of liability.</p>
<p>What happens after that is the concern of the junior LH, who has to then monitor the 1st TD to protect its interest in the property. You will, of course, then be evicted by the new record owner &#8211; the junior LH &#8211; who then gets to decide how to handle  the senior LH (pay them off, bid at the senior&#039;s FC sale, etc.).</p>
<p>This is not advice, seek the advice of an attorney.</p>
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		<title>By: rockerrev</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-995</link>
		<dc:creator>rockerrev</dc:creator>
		<pubDate>Sun, 01 Aug 2010 12:56:56 +0000</pubDate>
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		<description>Hi, i have an older frigidaire stove &amp; it seems like the temperature&#039;s not staying high &amp; the top element seems like it works, but the bottom element just gets warm instead of getting really hot the way it suppose to. Can it be a sensor inside?, i have no clue what it can be.</description>
		<content:encoded><![CDATA[<p>Hi, i have an older frigidaire stove &amp; it seems like the temperature&#8217;s not staying high &amp; the top element seems like it works, but the bottom element just gets warm instead of getting really hot the way it suppose to. Can it be a sensor inside?, i have no clue what it can be.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Joe D</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-1005</link>
		<dc:creator>Joe D</dc:creator>
		<pubDate>Sun, 01 Aug 2010 05:37:56 +0000</pubDate>
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		<description></description>
		<content:encoded><![CDATA[]]></content:encoded>
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	<item>
		<title>By: stfuwtfomgg</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-994</link>
		<dc:creator>stfuwtfomgg</dc:creator>
		<pubDate>Sat, 31 Jul 2010 14:57:07 +0000</pubDate>
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		<description>i&#039;m making sugar cookies MYSELF withouth setting the house on fire</description>
		<content:encoded><![CDATA[<p>i&#8217;m making sugar cookies MYSELF withouth setting the house on fire</p>
]]></content:encoded>
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		<title>By: Heidi</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-1000</link>
		<dc:creator>Heidi</dc:creator>
		<pubDate>Sat, 31 Jul 2010 05:33:53 +0000</pubDate>
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		<description>A home equity loan you get all the money up front. A home equity line of credit you have the money available and can use it as needed.  With a loan you pay interest on the whole amount.  With a line of credit you pay interest only on the amount that you have used.</description>
		<content:encoded><![CDATA[<p>A home equity loan you get all the money up front. A home equity line of credit you have the money available and can use it as needed.  With a loan you pay interest on the whole amount.  With a line of credit you pay interest only on the amount that you have used.</p>
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		<title>By: Tiffany</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-999</link>
		<dc:creator>Tiffany</dc:creator>
		<pubDate>Sat, 31 Jul 2010 05:03:07 +0000</pubDate>
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		<description>Hi dear, saw your post andi have applied for Loans in different loan companies online and end up loosing my money. I was going through hard time with my sick father after the divorce of my mother and my 2 other brothers and one sister. My Immediate younger brother and i work in the factory trying to earn day living. My sister Tricia work with Bujestar company, lost her job after a brief illness and i have to work harder with my brother all day and night to make our salary enough to take care of my sick Father. I lost my job few months after i was employed due to my Father&#039;s sickness, since then we have lived from hand to mouth, begging for arms. An old friend of mine Danniel Robbert, a close friend in the factory were i formerly worked, saw me few weeks ago and advice me to get a loan and start up a trade business to earn nonet and get back on track again. I was refereed to (TOWER LOAN COMPANY) by Danniel Robbert were i applied for a loan of $30,000 which i was Approved of after 4 days to repay back within the duration of 5 years. I was so happy to see my family smile again. I promise the company that i will tell the world about their services and to patronize them any were i go as an appreciation for their great work of kindness and understanding. If you are passing through hard time, i URGE you to apply online with Tower Loan Company via email: (towerloans@msn.com)</description>
		<content:encoded><![CDATA[<p>Hi dear, saw your post andi have applied for Loans in different loan companies online and end up loosing my money. I was going through hard time with my sick father after the divorce of my mother and my 2 other brothers and one sister. My Immediate younger brother and i work in the factory trying to earn day living. My sister Tricia work with Bujestar company, lost her job after a brief illness and i have to work harder with my brother all day and night to make our salary enough to take care of my sick Father. I lost my job few months after i was employed due to my Father&#039;s sickness, since then we have lived from hand to mouth, begging for arms. An old friend of mine Danniel Robbert, a close friend in the factory were i formerly worked, saw me few weeks ago and advice me to get a loan and start up a trade business to earn nonet and get back on track again. I was refereed to (TOWER LOAN COMPANY) by Danniel Robbert were i applied for a loan of $30,000 which i was Approved of after 4 days to repay back within the duration of 5 years. I was so happy to see my family smile again. I promise the company that i will tell the world about their services and to patronize them any were i go as an appreciation for their great work of kindness and understanding. If you are passing through hard time, i URGE you to apply online with Tower Loan Company via email: (towerloans@msn.com)</p>
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		<title>By: nick cave</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-1004</link>
		<dc:creator>nick cave</dc:creator>
		<pubDate>Fri, 30 Jul 2010 22:43:59 +0000</pubDate>
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		<description>Home Equity loan, you are basically putting your home up as collateral.  A personal Loan is given to you on you good name and credit rating, there is no collateral.  Banks are more willing to give you a home equity loan because if you fail to pay the bill, they take your home.</description>
		<content:encoded><![CDATA[<p>Home Equity loan, you are basically putting your home up as collateral.  A personal Loan is given to you on you good name and credit rating, there is no collateral.  Banks are more willing to give you a home equity loan because if you fail to pay the bill, they take your home.</p>
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		<title>By: wizard101emily</title>
		<link>http://www.onestophomeownerservices.com/what-is-a-home-equity-line-of-credit.html/comment-page-1#comment-991</link>
		<dc:creator>wizard101emily</dc:creator>
		<pubDate>Fri, 30 Jul 2010 06:22:44 +0000</pubDate>
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		<description>@abcd12345 Ok i can teach u u first hit bake or broil or whatever and adjust the tempature :))))))))))))))))))</description>
		<content:encoded><![CDATA[<p>@abcd12345 Ok i can teach u u first hit bake or broil or whatever and adjust the tempature <img src='http://www.onestophomeownerservices.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> )))))))))))))))))</p>
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