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Lender's attorney's fees in CA foreclosure

Posted by Riverside 80/20 on April 16, 2008 at 4:02 PM

Hi All,

I am in a potential foreclosure situation. I have an 80/20 loan (all purchase price) and I live in California so I believe I am protected from a deficiency claim.

However, my loan note states this in the default section:
"... the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing the Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees."

Based on this, can I reasonably expect this to be enforced in my state (California)? Am I protected from this via the anti-deficiency laws and one action rule? Or should I be worried about possibly having a lawsuit for a large amount of legal fees and recovery costs?

Thanks!


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