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In California, lenders can foreclose on deeds of trust or mortgages using a nonjudicial foreclosure process (outside of court) or a judicial foreclosure process (through the courts). The nonjudicial foreclosure process is used most commonly in our state.

It has to wait at least 20 days after the Notice of Trustee Sale is sent to you. The sale may be postponed by a court or by the bank for up to a year, after which point they'll need to send you a new Notice of Trustee Sale in order to send the house to auction.

Foreclosures are still happening all across California. The total number of foreclosures was down 15% in 2016 from the year before, but that still amounted to more than 78,000 foreclosed homes. About 3.6% of mortgage loans in the state were underwater in the second quarter of 2017, down from 5.2% a year earlier.

In a California nonjudicial mortgage foreclosure you may have as few as 120 days in your home from the time you're formally notified of your loan default.

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.

First, the costs and expenses of conducting the foreclosure sale are paid. Second, the lien that was foreclosed on is paid off. Third, if there is any money remaining after the foreclosed lien is paid, then any liens junior to the foreclosed lien are paid in their order of priority.

It takes several months for a lender to foreclose on a California property. If everything goes according to schedule, the process typically takes approximately 120 days about four months but the process can take as long as 200 or more days to conclude.

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.

Getting a temporary (about 10 days) restraining order. Obtaining a preliminary injunction, which usually lasts until the case is decided. Receiving a permanent injunction with a favorable court ruling.

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

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Alameda Kids Resource Directory. Recently, the judge in the case removed and replaced three jurors for reasons not yet made public.With 21 years of experience as a Judge of the Alameda County Superior Court and 26 years as Deputy Attorney General in the California Attorney General's Office. Legal words and court documents can be confusing. Take a look and keep us in mind Alameda County, California. To start, you can click the green button below to view a digest of open waitlists in the Bay Area for seniors and people with disabilities. Why a judge or hearing officer cannot read your letters or answer your calls. For more legal assistance, please call us to schedule a free legal consultation at 510-548-4040. Falvey, we provide complete legal services to lenders and homeowners in these important matters.

Alameda California Sample Letter for Judicial Foreclosure

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