California

For homeowners facing foreclosure in California, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in California can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in California can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

The bank must send a copy of the foreclosure notice to the homeowner within 10 days of submitting the notice. The sale notice must be recorded and sent to the homeowner 20 days before the sale date. The sale notice must also be published in a local newspaper, posted in a public place and visibly posted on the property 20 days before the sale date.

Reinstatement and Redemption

The mortgage can be reinstated up to five days before the sale date. The property cannot be redeemed after a nonjudicial foreclosure.

California Protections for Service Members

California law provides protections in accordance with the federal Service Members Civil Relief Act.

Banks may not foreclose on service members in active duty.

Deficiency Law

The state does not allow deficiency lawsuits following nonjudicial foreclosures.

Eviction Notice

The buyer of the foreclosed home must give the homeowner a three-day notice before initiating can the formal eviction process in court.

For information regarding how to avoid foreclosure in California, visit HUD.gov.

California

For homeowners facing foreclosure in California, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in California can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in California can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

The bank must send a copy of the foreclosure notice to the homeowner within 10 days of submitting the notice. The sale notice must be recorded and sent to the homeowner 20 days before the sale date. The sale notice must also be published in a local newspaper, posted in a public place and visibly posted on the property 20 days before the sale date.

Reinstatement and Redemption

The mortgage can be reinstated up to five days before the sale date. The property cannot be redeemed after a nonjudicial foreclosure.

California Protections for Service Members

California law provides protections in accordance with the federal Service Members Civil Relief Act.

Banks may not foreclose on service members in active duty.

Deficiency Law

The state does not allow deficiency lawsuits following nonjudicial foreclosures.

Eviction Notice

The buyer of the foreclosed home must give the homeowner a three-day notice before initiating can the formal eviction process in court.

For information regarding how to avoid foreclosure in California, visit HUD.gov.

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