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In this video we talk about foreclosures and the process in CA (California). California is a "nonjudicial" foreclosure state, which means a lender (through their foreclosure trustee) do not need a Court or a Judge to approve of a foreclosure before it takes place, lenders can simply record a series of "Notices" and then conduct a sale of your property. Again, this is done through a licensed foreclosure trustee in the State of California.
Many other states require a Court case to be filed by the lender before a sale can be conducted, California does not require such a filing, although in some cases a lender CAN also (if they choose) as an alternative conduct a "judicial foreclosure" in California. This "option" makes foreclosure tricky and confusing in California. It is difficult to make generalizations, although you should know most California foreclosures take place as "nonjudicial" outside the Court process because it's faster and easier and lenders don't want judges looking over their documents if they don't have to.
An experienced foreclosure attorney can challenge your foreclosure in California and actually put the matter in front of a judge similar to a judicial foreclosure state. This process is not automatic however and a lawsuit must be filed for a Court to be involved.
Generally, the nonjudicial foreclosure process in California consists of your lender sending a series of default letters making you aware of the situation. Then the lender (through it's agent a foreclosure trustee) files a "Notice of Default and Election to Sell" which is an official document that is recorded on title to the property (public record). If the foreclosure is not then addressed by the borrower, another notice is recorded called the "Notice of Trustee's Sale," which sets an actual date for the auction of the property.
On that auction date, unless there is some intervention, the foreclosure trustee will auction the property off to the highest bidder. After the auction takes place, the buyer typically evicts the prior homeowner within a relatively short period of time. An eviction consists of the Sheriff coming to the property and physically removing any person remaining in the property and the locks being changed. The prior owner then becomes a trespasser and can be arrested if they don't leave the premises at that time.
Obviously foreclosure is not a good situation. If you are facing foreclosure in California, you certainly have options which can help you avoid the foreclosure process. A knowledgeable foreclosure attorney can help keep you in the home if possible, or extend your time in the property. If you are serious about keeping your property, a foreclosure attorney is essential to protect your rights and represent your interests.
Our firm can offer you a free case evaluation to see if you just might be able to stay in your home with an affordable payment. Alternatively, we will help you get the most time and best opportunities throughout the process.
However you must not delay, nonjudicial foreclosure moves quickly, and the entire system is set up for you to "do nothing" and have the lender take your property. If you qualify, we can help avoid this situation for you.

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