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Loan Modification- Buyer Beware

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Foreclosure Timeline for California (Non-Judicial) Print E-mail

Start (Day 1-3)
Notice of Default recorded with county recorder.

Within 10 Business Days
Trustee mails Notice of Default to borrower(s) and anyone with a Special Request for Notice.

Within 1 Month
Mail Notice of Default to all parties with an interest in title.

After 3 Months
Set sale date.

25 Days Prior to Sale Date
Send Notice of Sale to IRS, if applicable.

20 Days Prior to Sale Date
Publish Notice of Sale. Post Notice of Sale. Mail Notice of Sale. Begin publishing Notice of Sale in an adjudicated newspaper Must run 3 consecutive weeks).

14 Days Prior to Sale Date
Record the Notice of Sale with county recorder’s office.

7 Days Prior to Sale Date
Trustee cannot sell for 7 days after expiration of bankruptcy court order.

5 Business Days Prior to Sale Date
The borrower’s right to reinstate expires.

Sale Date
The property is sold to highest bidder or reverts back to lender.

The timeline displayed here is typical in a California non-judicial foreclosure. The foreclosure timeline does not begin until the lender feels they have exhausted all avenues for curing the payment delinquency. Normally, this happens alter the borrower has missed three monthly mortgage payments and the Notice of Intent to Foreclose has expired. The borrower has probably been contacted by the lender several times prior to beginning the foreclosure process. The official foreclosure process then begins by the lender contacting a Trustee and instructing them to file a Notice of Default.

Matters pertaining directly to foreclosure are set forth in California law. Information deemed reliable but not guaranteed.

 
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