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There are two types of foreclosure: judicial foreclosures, which require a court order, and non-judicial foreclosures, which do not. In judicial foreclosures, the mortgagee must go to court and prove that it owns the mortgage and has the right to foreclose on it.

The nonjudicial foreclosure process is used most commonly in our state. Nonjudicial foreclosure is the most common type of foreclosure in California.

Judicial foreclosures are rare in California. A judicial foreclosure allows the lender to get a deficiency judgment against the borrower. BUT the homeowner has the right of redemption, which allows him or her to buy the home back from the successful bidder at the auction for 1 year after the sale.

The California foreclosure process can last up to 200 days or longer. Day 1 is when a payment is missed; your loan is officially in default around day 90. After 180 days, you'll receive a notice of trustee sale. About 20 days later, your bank can then set the auction.

California law provides for two types of foreclosure: judicial (court involvement) and nonjudicial (no court involvement; this is the most commonly utilized method). Nonjudicial foreclosures are utilized in situations where the deed of trust securing the mortgage loan includes a power-of-sale clause.

In order to legally operate as a Foreclosure Consultant in California, you must obtain a Certificate of Registration as a Mortgage Foreclosure Consultant from the Department of Justice. To do so, you must submit the following: A completed application. A copy of the contract you will use with clients.

Judicial Foreclosure This is the most common type of foreclosure. It is allowed in every state and in some states it is required. It involves the sale of the mortgaged property on which the borrower has defaulted on his loan repayment obligations. The sale occurs under judicial supervision.

How Can I Stop a Foreclosure in California? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you're able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)

In general, a judicial foreclosure can take two to three years to complete in California. A judicial foreclosure is subject to a four-year statute of limitations and is subject to a post-sale redemption right unless the deficiency claim is waived.

Foreclosures in Puerto Rico go through a judicial process in the court system. The lender initiates the foreclosure by filing a brief in court, along with certain documents.

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Puerto Rico Statutory Notices Required for California Foreclosure Consultants

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