California

California
Foreclosure
Process

Security Instrument(s): Both Mortgage and Trust Deed.

Foreclosure Type(s): Judicial (rare) and Non-judicial.

Judicial Foreclosure: A foreclosure process in which the lender must file a lawsuit against the borrower to obtain a court order to foreclose on a Mortgage document.

Non-judicial Foreclosure: A foreclosure process where a third party Trustee has the power to foreclosure and initiate a sale based on a Trust Deed instrument.

Initial Public Notice: Publication.

Estimated Foreclosure Process Period: 117+ days.

First Notice to Sale Time Period: 21+ days.

Redemption Period?: Yes, 12 months. (Judicial foreclosures only)

Deficiency Balance?: Yes. (Judicial foreclosures only, rare)

* * * This information represents MRP’s current understanding of the foreclosure process In California. For the most detailed and up to date information, your should contact your local county government.* * *

Once you have received a Notice of Default (NOD), Notice of Filed Foreclosure or Notice of Foreclosure Sale/Auction, only an experienced foreclosure attorney can effectively represent your interests. If you have received one of these notices, review some of the options below, and schedule a FREE attorney consultation today!

Mitigation Attorneys

Let a Representative of an established mortgage mitigation law firm explain your options regarding loan modification, reinstatement, forbearance, principal reduction and foreclosure alternatives like short sale, deed-in-lieu of foreclosure (DIL), cash for keys, and leaseback. When appropriate, the Representative can also schedule a NO COST mitigation attorney consultation!

► ► Speak To A Mortgage Mitigation Law Firm! ◄ ◄

► ► Complete the Mitigation Evaluation! ◄ ◄

Litigation Attorneys

Should You Sue Your Lender?

Since the exposure of widespread fraud and deceptive practices by some of America’s largest banks, legislators have passed new laws giving homeowners causes of action to sue their lenders. As a result, many homeowners are hiring litigation attorneys to sue their lenders and use other aggressive legal tactics to stop the foreclosure process and resolve their troubled mortgages.

► ► Schedule A Litigation Attorney Consultation! ◄ ◄

► ► Take The Lender Litigation Test! ◄ ◄

The California Homeowner Bill of Rights

The California Homeowner Bill of Rights became law on January 1, 2013 to ensure fair lending and borrowing practices for California homeowners.

The laws are designed to guarantee basic fairness and transparency for homeowners in the foreclosure process. Key provisions include:

• Restriction on dual track foreclosure: Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed.
• Guaranteed single point of contact: Homeowners are guaranteed a single point of contact as they navigate the system and try to keep their homes – a person or team at the bank who knows the facts of their case, has their paperwork and can get them a decision about their application for a loan modification.
• Verification of documents: Lenders that record and file multiple unverified documents will be subject to a civil penalty of up to $7,500 per loan in an action brought by a civil prosecutor. Lenders who are in violation are also subject to enforcement by licensing agencies, including the Department of Corporations, the Department of Real Estate and the Department of Financial Institutions.
• Enforceability: Borrowers will have authority to seek redress of “material” violations of the new foreclosure process protections. Injunctive relief will be available prior to a foreclosure sale and recovery of damages will be available following a sale. (AB 278, SB 900)
• Tenant rights: Purchasers of foreclosed homes are required to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease entered into before transfer of title at the foreclosure sale, the owner must honor the lease unless the owner can prove that exceptions intended to prevent fraudulent leases apply. (AB 2610)
• Tools to prosecute mortgage fraud: The statute of limitations to prosecute mortgage-related crimes is extended from one to three years, allowing the Attorney General’s office to investigate and prosecute complex mortgage fraud crimes. In addition, the Attorney General’s office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.
  (AB 1950, SB 1474)
• Tools to curb blight: Local governments and receivers have additional tools to fight blight caused by multiple vacant homes in their neighborhoods, from more time to allow homeowners to remedy code violations to a means to compel the owners of foreclosed property to pay for upkeep.
  (AB 2314)

The California Homeowner Bill of Rights marked the third step in Attorney General Harris’ response to the state’s foreclosure and mortgage crisis. The Mortgage Fraud Strike Force was created in May 2011 to investigate and prosecute misconduct at all stages of the mortgage process. In February 2012, Attorney General Harris secured a commitment from the nation’s five largest banks for up to $18 billion for California borrowers.

If you would like to learn more about the California Homeowner Bill of Rights and what it means to you as a homeowner, schedule a FREE consultation and speak with a foreclosure attorney today!

California is a “Hardest Hit Fund” State

($1,975,334,096) - Most Recent Quarterly Report

Keep Your Home California is broken down into four separate programs. Each program has its own set of eligibility requirements. The Keep Your Home California programs are FREE programs to California homeowners. You should not pay anyone to assist you with submitting an application! The programs and their eligibility requirements are listed below.

► Unemployment Mortgage Assistance

Program Summary and Eligibility Requirements

► Mortgage Reinstatement Assistance

Program Summary and Eligibility Requirements

► Principal Reduction

Program Summary and Eligibility Requirements

► Transition Assistance

Program Summary and Eligibility Requirements

For more detailed program materials and application information, please visit:

http://www.keepyourhomecalifornia.org

HUD Approved Housing
Counseling Agencies
Located in California

If you are behind on your mortgage, facing foreclosure or stuck in a bad loan, look for organizations offering “Mortgage Delinquency and Default Resolution Counseling” services. Organizations are listed in alphabetical order, by city.

THE FEDERAL TRADE COMMISSION (FTC) PROHIBITS ANY “NON-ATTORNEY” FROM NEGOTIATING MORTGAGE DEBT ON BEHALF OF A DISTRESSED HOMEOWNER. YOU SHOULD BE SKEPTICAL OF ANY “NON-ATTORNEY” ORGANIZATION’S ABILITY TO PROVIDE THE ASSISTANCE YOU NEED TO PREVENT FORECLOSURE!

Many of these organizations will end up recommending that you retain a foreclosure attorney. Most experienced foreclosure attorneys prefer to represent homeowners from the beginning of negotiations. Negotiating yourself or through a non-attorney third party can actually do harm, so we recommend a NO COST FORECLOSURE ATTORNEY CONSULTATION before you do anything else! You can also speed up the process by completing our ONLINE FORECLOSURE ATTORNEY EVALUATION. Your completed form is immediately routed to a foreclosure attorney licensed to practice in your state. You will receive a phone call with results and any further questions.