California Foreclosure Info

Welcome to the California foreclosure information page. California uses the Deed of trust as the security instrument and non-judicial foreclosure to resolve its cases. Deed of trust loans use a third party, or trustee, to execute the foreclosure process.

When you initially got the loan, you signed a deed of trust, which is a document that gives legal title to the property to this trustee. You legally own the property but the trustee has the title. When you stop making the payments he/she can begin foreclosure proceedings which will allow him/her to sell your property at an auction.

No judge is required in this case, hence the name non-judicial foreclosure proceedings. As usual, the lender will try to work with you in order to resolve the default. After you're late 2 or 3 months they will file a notice of default and send you a certified copy. You can still reinstate the loan by paying the back payments and late fees.

You will be allowed up to 90 more days to bring this loan current. This is also an excellent time to call the lender's loan loss mitigation department to try to work out some kind of payment plan.

After those 90 days, the lender will move forward with the sale of your property. It'll record a "Notice of Sale" and advertise this sale in a paper of general circulation. At this point, only because you live in California, you'll have up to 5 business days to bring the loan current.

Your house can then be sold 21 days after the notice of sale is recorded. So your house won't be sold at auction until 141 days (almost 5 months) after you receive the notice of default.

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