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California is a non-judicial state, meaning that court doesn’t have to be involved in foreclosure procedure and that law allows a lender or assignee to foreclose under the “power of sale” clause, which is coupled with an interest and is part of the lender’s security. Judicial foreclosure is used only if the foreclosing lender decides to seek a deficiency, if the mortgage doesn't have a "power of sale" clause or if the case involves a diputed title. Foreclosure process begins when the Notice of Default is recorded with the county recorder of deeds. Within 30 days a copy of the Notice of Default is sent by certified and regular mail to the owners of the property in foreclosure and all junior lien holders to the Deed of Trust. Borrowers have now 60 days to cure the mortgage. If borrowers do not respond within this 60 days period, a Notice of Trustee's Sale is published in a paper circulating in the city where the property is located. The Notice of Trustee's Sale must be published one time per week for three weeks before the foreclosure sale, which may occur as soon as 21 days after date that the Notice of Trustee's Sale was first published in the newspaper . At the foreclosure auction the property is sold to the highest bidder for cash. If the foreclosing lender is the successful bidder or if no one bids at the Trustee Sale, the property reverts to the foreclosing lender. Deficiency judgement is not allowed in California. California also does not have a redemption period, meaning that after the foreclosure sale, the property title can not be regained by the foreclosed owner just by paying the foreclosure purchasor's price. If you are a homeowner facing foreclosure and you’d like to read more general information about foreclosure and alternatives to it or about Foreclosure & Bankruptcy, check the appropriate links at the top of this page.
If you need help solving your foreclosure problems, stopping it, or if you’d like to sell your property for cash to escape foreclosure before you lose all your investment, please use my FREE SERVICE by clicking the link below.
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