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California · ForeclosureCalifornia anti-deficiency rules: no deficiency after a trustee's sale or on purchase money loans

California has two main anti-deficiency rules. After real property is sold by the mortgagee or trustee under a power of sale in the mortgage or deed of trust, no deficiency is owed or collected and no deficiency judgment may be rendered on the note (Code of Civil Procedure §580d(a)). Separately, no deficiency is owed on a deed of trust or mortgage given to the seller for the balance of the purchase price, or on one given to a lender for a loan used to buy a dwelling for not more than four families occupied entirely or partly by the purchaser (§580b(a)). For credit transactions executed on or after January 1, 2013, refinances of such a purchase money loan are covered too, except for new principal advanced beyond the purchase money loan and its costs (§580b(b)). Neither rule affects a guarantor's liability or other collateral pledged for the debt (§§580b(c), 580d(b)).

What the statutes set

  1. Trustee's sale (§580d(a))

    No deficiency on the note after a sale under power of sale.

  2. Seller financing (§580b(a)(2))

    No deficiency on purchase money given to the seller.

  3. Owner-occupied home (§580b(a)(3))

    No deficiency on a lender's purchase money loan for 1–4 units.

  4. Refinances (§580b(b))

    Covered from January 1, 2013, except new advances; guarantors not covered.

What the TC notes on a California short sale or foreclosure file

  • Record whether the loan was used to buy the home and whether the seller occupied it.
  • Flag any refinance with cash out, since new advances fall outside §580b(b).
  • Send deficiency questions to the seller's attorney; the TC tracks the lender's approval letter.

Questions about California deficiency judgments

Can a California lender get a deficiency after a trustee's sale?

No. After a sale under the power of sale, no deficiency is owed on the note, though a guarantor's liability is unaffected (CCP §580d).

Is a refinanced home loan protected in California?

For transactions on or after January 1, 2013, a refinance of a purchase money loan is protected except for any new principal advanced (CCP §580b(b)).

Track the lender's approval and the deficiency language in it as tasks on the deal in ClosingCode.

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Sources: Code of Civil Procedure §§580b, 580d (leginfo.legislature.ca.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.