Here is a general outline of the foreclosure process in California:
1. Notice of Default (NOD):
The foreclosure process typically begins when the borrower fails to make mortgage payments.
The lender must issue a Notice of Default (NOD), which is recorded in the county where the property is located.
The NOD includes information about the default amount and provides the borrower with a 90-day period to cure the default by paying the overdue amount.
2. Notice of Trustee Sale:
If the borrower does not cure the default within the 90-day period, the lender can issue a Notice of Trustee Sale.
The Notice of Trustee Sale must be recorded at least 20 days before the scheduled sale date and published in a newspaper of general circulation in the county for three consecutive weeks.
3. Trustee Sale:
The property is auctioned at a public auction, typically conducted by a trustee.
The highest bidder at the auction becomes the new owner of the property. If no bidder purchases the property it reverts back to the lender.
The winning bidder must pay the full bid amount in cash or cashier’s check immediately after the auction.
4. Post-Sale Period:
After the sale, the new owner or former lender is entitled to possession of the property.
The borrower has no right of redemption after the sale in California.
Additional Information:
It’s crucial to note that foreclosure laws are complex, and the details can vary. If you’re facing foreclosure or need detailed information, please use the feel free to schedule a free, no obligation consultation with our office. Your consultation will be with a licensed attorney.