[Dfer]

action rule (580d) applies? If you are familiar with CCP 580d (The "one action rule") I need your help with this question please.Regarding a foreclosure (in California) where the first and second mortgage are held by the same entity: In this case, even if the second is a separate recourse loan, they can't also pursue deficiency because it's the same entity doing both, violating the "one action" rule (CCP 580d). BUT what if the servicer is the same but not the owner?What if: the first is serviced by Bank A but owned by Bank B. The second, which is a refinanced home equity loan, is both owned and serviced by Bank A. So in the case of foreclosure, does this mean the loans are not subject the one action rule because there are two legal owners? Or does the one action rule apply because the servicer is the one actually taking both the actions, and there is just one servicer? The case I saw referenced is Walter E. Heller Inc. v. Bloxham, 176 Cal.App.3d 266 (1985) though I didn't find it very helpful. Thanks!Now in the case of short sale, I know all this is moot. Even though the second doesn't meet the guidelines for exemption from deficiency by CCP 580b (because it was refinanced and no longer a "purchase money" loan), it is still covered by the new SB 458. (Which is exactly why short sale was rejected by the 2nd.)