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 FORECLOSURE PROCESS IN CALIFORNIA

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What happens when a house goes to foreclosure

The typical Calfornia home loan is secured by a deed of trust. The deed of trust is a  security agreement making the property collateral for repayment of the loan. The deed of trust contains a clause called a "power of sale" which entitles the holder of the note to sell the house at a foreclosure sale outside of court.

Steps to foreclosure

California statutory law provides for two steps in the foreclosure process before the lender can sell the house on the courthouse steps. The first statutory step is to record a Notice of Default. The NOD sets out the amount of the arrearage on the loan and gives the borrower 90 days from recordation to pay the arrears and any costs incurred by the lender in initiating the foreclosure process. Payment reinstates the loan in good standing.

The second statutory step is to provide the borrower with a Notice of Sale, fixing the date the foreclosure sale will take place. Foreclosure sales are typically conducted on the steps of the county courthouse. To keep the property, the borrower must then pay the full amount owed on the loan, or reach some other deal with the lender.

Foreclosure sale

At the foreclosure sale, the lender typically bids the amount that is then owed on the note. Other bidders must top that bid to buy the house. Most often, the lender is the winning bidder.  After the foreclosure sale is concluded, the winning bidder is the owner of the house. Liens that are junior to the foreclosing creditor, typically second deed of trust holders or HELOC lenders, are cut off: that is, they lose their lien on the property.

Borrower's exposure after foreclosure

Any lender who uses the power of sale in the deed of trust to conduct a foreclosure sale is prohibited from suing the borrower for any deficiency or loss on the transaction. The statutory trade off is that in exchange for the ability to foreclose without going to court, the lender gives up the right to any remedy against the borrower other than taking the property.  Any junior lien holder retains the right to sue the borrowers personally unless the junior lien was used to purchase the property. Purchase-money lenders have no rights against the borrower individually.

After the sale

The new owner of the property is then entitled to file an unlawful detainer action to evict anyone in the property. Sometimes, the new owner will offer the occupants cash to facilitate their move from the property. Otherwise the owner must file a lawsuit to evict the occupants. Helping them fund a move out is often cheaper.

Sometimes, the new owner may be willing to rent the property to the old owners rather than having a vacant and non productive property on its hands.
 
How long does it take to foreclose a property in California?
Depending on the timing of the various required notices, it usually takes a minimum of 120 days to effectuate an uncontested non-judicial foreclosure. This process may be delayed if the borrower contests the action in court, seeks delays and adjournments of sales, or files for bankruptcy.
SHORT SALE BASICS 

Short sales happen when a lender agrees to accept less than the amount owed against the home because there is not enough equity to sell and  pay all costs of sale. Not all lenders will negotiate a short sale, and that is why a real estate agent or a lawyer or both can be a tremendous help by contacting the lender's loss mitigation department to find out.* 

 

  • Learn the alternatives to Foreclosure and decide what right for you. 
  • Is your house worth much less than you owe to the Bank?
  • Are you having problems paying Mortgage and other Bills?
  • Are you Facing Foreclosure?  Learn & Consider Alternatives!*

 

See if Short Sale is right for You!*
Schedule your free consultstion and a Short Sale Process Presentation today!*
 
*Disclosure: Johnson & Associates Realty is not associated with the government, and our service is not approved by the government or your lender.  Even if you accept this offer and use our service, your lender may not agree to change your loan. 
Covering Adelanto, Apple Valley, Pinon Hills, Helendale, Silver Lakes, Victorville, Spring Valley Lake, and other surrounding areas.