California Foreclosure Laws

Judicial Foreclosures: In court foreclosures are very rare in California. They only occur if the lender requests a deficiency judgment. This process allows the borrower one year to redeem the property following the foreclosure sale.

Non-Judicial Foreclosures: Out of court processes are used much more often then in court foreclosures. The lender begins this process when they file a notice of default with the county recorder, noting the default amount and the date in which the borrower has to pay it off. The notice is then mailed to the affect parties. In order to stop the foreclosure the borrower must pay off the default five days before the sale and any other fees that were apart of the foreclosure.

Sale: Twenty days prior to the sale the notice must be posted on the property as well as one public location. The notice also needs to be published for three weeks in a local newspaper. The notice must include the sale date, time, location, address of property, and contact information. The notice is also to be recorder with the county recorder at least 14 days before the sale. The borrower does not have the right to redeem the property following the sale.

Additional Information on California Foreclosure

• California State Foreclosure Law
• HUD resources for California residents