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Domestication of a foreign judgment question

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Old 05-26-2007, 04:35 PM     #1
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Confused Domestication of a foreign judgment question

I own a second home overseas (New Zealand) and I cannot afford to keep up the mortgage payments. The loan documents I signed say that I am liable for any losses the bank suffers. Therefore, if I stop making the payments the bank will easily be able to get a judgment against me in New Zealand.

I am trying to find out whether they could then domesticate that judgment in California, where they know I now live? Of course, California housing law is different to NZ law but that may not be an issue, it may be a case of simply rubber stamping the California judgment?

If they cannot domesticate it, I would also like to know if they would need to sue me in California and what their chances of winning would be? If they can, and their chances are good, then I would still end up with the same problem (a judgment against me in California).

Any help would be greatly appreciated.

Thank you.

Howard
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Old 05-27-2007, 09:51 AM     #2
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Default Re: Domestication of a foreign judgment question

They would have to have a hearing and basically revisit the issues in CA. It is not an easy process and some banks just don't do it internationally, especially if they can take the home.

Last edited by randalljd : 05-27-2007 at 09:51 AM.
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