What is the difference between a debtor's right to redeem and a creditor's ability to obtain a deficiency judgment?

California, United States of America


The following excerpt is from Nielsen v. Reed, H039647 (Cal. App. 2016):

4. We are aware that Life Savings Bank v. Wilhelm (2000) 84 Cal.App.4th 174 stated, "The debtor's right to redeem is a right related to the foreclosure sale and is entirely separate from the creditor's right to obtain a deficiency judgment." (Id. at p. 179.) This statement arose in the context of determining whether the three-month time after a foreclosure sale to apply for a deficiency judgment under section 726, subdivision (b) was a statute of limitation. It does not undermine our observation that the right of redemption attaches in a given case only if the court finds a deficiency judgment is available.

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