Understanding the Foreclosure Process in California

Understanding the foreclosure process in California is an important part of navigating your own home foreclosure.

Tom and Nancy Buy Houses are asked these questions all the time. Understanding the foreclosure Process in Los Banos and surrounding areas in California.

How long does it take to foreclose on a property in California?
about four months
It takes several months for a lender to foreclose on a California property. If everything goes according to schedule, the process typically takes approximately 120 days — about four months — but the process can take as long as 200 or more days to conclude.
What is the foreclosure process in California?
The California foreclosure process can last up to 200 days or longer. Day 1 is when a payment is missed; your loan is officially in default around day 90. After 180 days, you’ll receive a notice of trustee sale. About 20 days later, your bank can then set the auction.
How do I stop a foreclosure in California?
The fastest way to avoid foreclosure is to reinstate your loan, by paying the amount provided on the reinstatement quote. The reinstatement quote can be obtained from the lender, along with a good through date. If you cannot pay your mortgage, or can only pay a portion, contact your servicer.
What is the new foreclosure law in California?
Senate Bill 1323 (Archuleta) changes California’s non-judicial foreclosure process to require an attempt be made to sell property through a multiple-listing service before the property can be foreclosed, where the total amount owed by the homeowner does not exceed 90 percent of the appraised market value of the.
How long can you not pay your mortgage before foreclosure in California?
Notice of Trustee Sale – If you don’t pay within 90 days, a Notice of Trustee Sale will be recorded against your property. This Notice tells you the date, time, and place your home will be sold. The Notice of Trustee Sale must be mailed to you at least 20 days before the day they plan to sell your home.
How much are foreclosure fees in California?
The new law also increases the base amount in the trustee’s or attorney’s fee that may be charged for executing the trustee sale of the property through the nonjudicial foreclosure process, from $425 to $475 if the unpaid principal sum of the loan is $150,000 or less, or from $360 to $410 if the unpaid principal sum of the loan.
Can you sell a house in foreclosure in California?
Selling Your Home in Foreclosure. Whether you are in pre-foreclosure or have entered the formal process, you can still sell your house prior to the auction. When you sell the property, you are able to take the proceeds and pay the lender everything you owe, including back payments and penalties.
What is first right of refusal foreclosure in California?
This bill now creates a right of first refusal after a foreclosure sale, where a buyer can purchase the property from the winner of the foreclosure auction by offering to purchase for any amount greater than the final price at auction. At Tom and Nancy Buy Houses we don’t recommend you do this, try and save your home before this happens, this will cost you more money that it is worth. Have questions then call Tom and Nancy Buy Houses at 559-715-1651 and we will help you understand the process of foreclosure.

Before we dive in…

Understanding the Foreclosure Process in California

What is foreclosure anyway?

Foreclosure is the legal process that lenders use to take back property securing a loan, generally after the borrower stops making payments.

Foreclosure is no fun.  But just know that it’s not the end of the world.

When you know how foreclosure in California works… it arms you with the knowledge to make sure you navigate it well and come out the other end as well as possible.

The Basic Stages of A Foreclosure

There are a few stages that are important to any foreclosure process.

Foreclosure works differently in different states around the country.

The two ways different states use to foreclose upon a property are: judicial sale or power of sale.

Connect with us by calling 559-715-1651.

or through our contact page to have us walk you through the specific foreclosure process here locally in Los Banos and Surrounding areas.

In either scenario, foreclosure typically doesn’t go to court until 3-6 months of missed payments have elapsed. Usually (but not always), a lender will send out many notices that you are in arrears – overdue or behind in your payment.

Under Judicial Foreclosure:

  • Your mortgage lender must file suit in the court system.
  • You’ll get a letter from the court demanding payment.
  • Assuming the loan is valid, you’ll have 30 days to bring payment to court to avoid foreclosure (and sometimes that can be extended).
  • If you don’t pay during the payment period, a judgment will be entered and the lender can request the sale of your property – usually through an auction.
  • Once the property is sold, the sheriff serves an eviction notice and forces you to immediately vacate the property.

Under Power of Sale (or Non-Judicial Foreclosure):

  • The mortgage lender serves you with papers demanding payment, and the courts are not required – although the process may be subject to judicial review.
  • After the established waiting period has elapsed, a deed of trust is drawn up and control of your property is transferred to a trustee.
  • The trustee can then sell your property to the lender at a public auction (notice must be given).

Anyone who has an interest in the property must be notified during either type of foreclosure.

For example, any contractors or banks with liens against a foreclosed property are entitled to collect from the proceedings of an auction.

What Happens After A Foreclosure Auction?

After a foreclosure is complete, the loan amount is paid off with the sale proceeds.

Sometimes, if the sale of the property at auction isn’t enough to pay off the loan, a deficiency judgment can be issued against the borrower.

A deficiency judgment is where the bank gets a judgment against you, the borrower, for the remaining funds owed to the bank on the loan amount after the foreclosure sale.

Some states limit the amount owed in a deficiency judgment to the fair value of the property at the time of sale, while other states will allow the full loan amount to be assessed against the borrower.

Here’s a great resource that lists the state by state deficiency judgment laws, since every state is different.

Generally, it’s best to avoid a foreclosure auction. Instead, call up the bank, or work with a reputable real estate firm like us at Tom and Nancy Buy Houses to help you negotiate discounts off the amount owed to avoid having to carry out a foreclosure.

Experienced investors can help you by negotiating directly with banks to lower the amount you owe in a sale – or even eliminate it, even if your home is worth less than you owe.

If you need to sell a property near Los Banos and Surrounding areas, we can help you.

We buy houses in Los Banos and Surrounding areas California like yours from people who need to sell fast.

Give us a call anytime 559-715-1651.

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Another Foreclosure Resource For Los Banos and Surrounding areas California HomeOwners:

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