The Process Involved With California Foreclosures

When you are purchasing a home in California or many other places, you find that it involves the use of a deed-of-trust. This involves three different participating parties, which are the borrower, lender, and a neutral third party that will receive the right to foreclosure if needed. The process of CA foreclosures is a complicated one but may or may not be a long drawn out process.

It will also usually include a power-of-sale clause which allows the third party the actual right to enforce the overall collection of your debt. This is then enforced by the lender in a sale of the house if you fail to make your mortgage payments in a timely manner.

When you default on your mortgage loan, the foreclosure process begins. There is a 20-day notice period in which the borrower must get a notice of pending foreclosure. During this process the lender will take over your home in an effort to recover the principal investment. Once your home has been either sold or in some cases repossessed by the lender you must then vacate the home.

It takes a minimum of 120 days to execute a non-judicial foreclosure. The person in default can delay the process if they file a court petition to seek this delay or adjournments of sale. Alternatively, the delay can be brought about by the borrower filing for bankruptcy.

In the absence of a power-of-sale clause in the loan document, judicial foreclosure is permitted in California and involves the court’s final judgment of foreclosure. The property is then sold publicly; a recorded document is issued in the interest of public notice that the property is being foreclosed upon.

This type of foreclosure can occur anywhere from a week to several months after you have actually missed your first mortgage payment. Once this procedure has begun you will not have right to stop the proceedings. However, you can get your property back if the original lender did not include the full price in the bid and you pay the sum of the unpaid loan as well as the cost procured over a year from the foreclosure sale.

Unlike other states, deficiency judgment may not be permitted in California, unless special conditions prevail. It cannot be obtained when a property in foreclosure is sold through a non-judicial public sale or if the foreclosure relates to a purchase money mortgage. The laws that govern California foreclosures are found in California Civil Code, Section 2924.

I hope this article has helped you to understand how foreclosures happen, especially in California where the law is very strict about payment of mortgages. The best way to avoid this event is to make sure that you are able to make your payments at the time that you agreed to pay because once you fail to do so, you can face very serious consequences. None of us want to have to undergo the emotional and mental stress that having your house foreclosed upon can bring. So make sure you are able to pay before agreeing to take any loan.

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