California Foreclosure Laws..Know Your Options

Here are a few bits of information on California's foreclosure laws.


Quick Facts

- Judicial Foreclosure Available: Yes

- Non-Judicial Foreclosure Available: Yes

- Primary Security Instruments: Deed of Trust, Mortgage

- Timeline: Typically 120 days

- Right of Redemption: Varies

- Deficiency Judgments Allowed: Varies

In California, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Using this type of foreclosure process, lenders may seek a deficiency judgment and under certain circumstances, the borrower may have up to one (1) year to redeem the property.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

A notice of sale must be: 1) recorded in the county where the property is located at least fourteen (14) days prior to the sale; 2) mailed by certified, return receipt requested, to the borrower at least twenty (20) days before the sale; 3) posted on the property itself at least twenty (20) days before the sale; and 4) posted in one (1) public place in the county where the property is to be sold.

The notice of sale must contain the time and location of the foreclosure sale, as well as the property address, the trustee's name, address and phone number and a statement that the property will be sold at auction.

The borrower has up until five days before the foreclosure sale to cure the default and stop the process.

The sale may be held on any business day between the hours of 9:00 am and 5:00 pm and must take place at the location specified in the notice of sale. The trustee may require proof of the bidders ability to pay their full bid amount. Anyone may bid at the sale, which must be made at public auction to the highest bidder. If necessary, the sale may be postponed by announcement at the time and location of the original foreclosure sale.

Lenders may not seek a deficiency judgment after a non-judicial foreclosure sale and the borrower has no rights of redemption. It's up to each individual lender as to how they proceed.

If you find you are in pre-foreclosure and would like to know all your options, you can call me and receive a no cost/no obligation to you consultation. No need to feel embarrassed or ashamed, do something now so you can start fresh and let me remove this burden from you.

Smooth sailing...or is there another swell looming ahead??

The housing market is facing more and more homeowners who are 90+ days delinquent but have yet to lose their homes, this is threatening a new wave of foreclosures that could hit just as the real estate market has begun to stabilize.
Approximately 7 million properties could be heading for foreclosure. Some economists think it could take almost three years before all these homes have been put on the market and purchased by new owners. The number of pending foreclosures could grow much bigger over the coming year as more distressed borrowers become delinquent and then if they can't get a loan modification, go through the foreclosure process, which can take up to a year to complete. When these foreclosed properties add to the supply of homes for sale, they could add to a decline in housing prices, which have increased slightly through April. That rise was partly because of the tightened flow of foreclosed homes into the market and the $8000 First Time Buyer Tax Credit. Perfect example of supply and demand, a lot of buyers and not enough inventory.
The rate of seized properties, for example, peaked in the middle of 2008 and fell steadily last year, but the banks expect foreclosures to increase this year, nearly doubling to 45,000 by the fourth quarter.
So the positive housing data may not be signaling a true bottom, as many servicers are holding back on foreclosures and the distressed houses are not yet being offered for sale. It could take almost 3 years to clear the backlog.
While banks foreclosed on fewer homes in February than a month earlier, borrowers continued to fall behind on their payments, adding to the inventory of properties headed toward foreclosure that have yet to be put on the market.
The shadow inventory reflects the increasing lag between defaults and foreclosures. Many lenders are struggling to keep up with the overwhelming number of borrowers who aren't making their payments, they're hesitant to rush in and foreclose, which would mean adding more homes onto the market, bringing prices into decline once again.
If you or anyone you know, would like to avoid foreclosure and know your options, please feel free to contact me.

Thinking Of Selling Your Home?

If you are thinking of selling your home, now might be the right time. Traditional sellers... have a great opportunity to receive a "Move-Up" Tax Credit of $6500.

*Short Sales...You are not alone. Many home owners are facing the same stressful times as you might be facing, I can help you through this. Programs such as HAMP (Home Affordable Modification Plan)and HAFA (Home Affordable Foreclosure Alternatives Program) are making it easier to deal with the default and foreclosure rate. If you'd like to try and stay in your home or decide to short sale, I'll be with you every step of the way. In some cases you will be able to purchase another home in as little as 2 years.

*Short Sales...There are no fee's or commissions paid by you (the seller) if you list your home with CENTURY 21 Award



Please give me a call and let's start getting you the help you need and deserve.

Most sincerely,

Terry L Bursky
Realtor
(619) 417-5645

Distressed Homeowners...help is here.

As REALTORS we're here to help people in their real estate needs. Whether it's finding a new home or keeping the one they currently have. As homeownwers, you do have options to choose from. I'm here to help you try and stay in your home or what ever works best for you.

Beware of Foreclosure Rescue Scams - Help Is Free!

•Beware of anyone who asks you to pay a fee in exchange for a counseling service or modification of a delinquent loan.
•Scam artists often target homeowners who are struggling to meet their mortgage commitment or anxious to sell their homes. Recognize and avoid common scams.
•Assistance from a HUD-approved housing counselor is FREE.
•Beware of people who pressure you to sign papers immediately, or who try to convince you that they can "save" your home if you sign or transfer over the deed to your house.
•Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt.
•Never make a mortgage payment to anyone other than your mortgage company without their approval.
This is a time for many people facing hardship that need understanding and help for a way out. Keeping their dignity and saving as much of their credit as possible. Legal advice and a tax preparer are always advised before moving forward on a short sale. You should know your options as soon as possible, always have a Plan A,B and C.

www.MakingHomeAffordable.gov has a lot of information I think could be very valuable to homeowners who think they have nowhere to turn. If you find yourself facing a true hardship and need more assistance I'm here to help. You'll have a strong team behind you. CENTURY 21 sells a home every minute of the day.