CALIFORNIA FORECLOSURE TIMELINE

1. A Notice Of Default Begins 

The Process  The Notice of Default or NOD is the first phase of the foreclosure proceedings. The NOD in California is recorded after a borrower fails to meet the terms of the mortgage loan. Usually, the NOD timeframe spans 90 days before the lender takes the next foreclosure step.   

At this juncture, the property is deemed to be in pre-foreclosure. The property owner receives a notice by mail with the estimated sale date. Usually, this notice is delivered after the homeowner has missed four months of payments.

  2. Notice Of Trustee Sale 

 After 90 days have passed from the recording of the NOD, the lender issues a Notice of Trustee Sale. This notice is legally actionable and therefore acts as an intent to sell the foreclosed property at auction.  

3. Auction Date  

The date of the auction depends on one of various factors. Technically, the lender or trustee can schedule an auction 20 days after the Notice of Trustee Sale is posted. Nevertheless, you can postpone this event in one of a number of ways. As a result, some homeowners can delay an auction for as long as a year.  

Foreclosure sales must take place on a business day between the hours of 9AM and 5PM. They must occur at the site that is listed in the Notice of Sale. The trustee auctions the property to the highest bidder, which may the lender. A borrower is permitted to delay or postpone the sale for one day.  

Auction Outcomes

You can realize one of four outcomes prior to or after an auction.  

▶️ Postponement. 

A new auction date is established and the foreclosure process begins again. This is usually done with the help of a foreclosure lawyer. Postponements permit you to buy additional time to restore your budget and become current. They also make it possible for you to devise a legal strategy to fight the foreclosure proceedings. 

▶️Cancellation. 

Cancellation enables you to cancel the auction by initiating an action, such as a short sale. Maybe you were able to make a loan modification for your property’s financing. 

▶️ Bank Sale. 

Many times, the lender is the only party that can bid on the foreclosed property. In turn, the house goes back to the lender. If this happens, the homeowner may be able to regain his or her title after the auction sale. This can be done with the help of an experienced foreclosure lawyer. 

▶️Third Party Sale.

 A foreclosure property is frequently an attractive purchase to a third-party buyer – someone who wants to capitalize on distressed properties. In this case, you cannot regain the title to the home but must opt for selling it and relinquishing it entirely.

 California Foreclosure Timeline 

Notice Of Default. A Notice Of Default Begins The Process. 

The Notice of Default or NOD is the first phase of the foreclosure proceedings. The NOD in California is recorded after a borrower fails to meet the terms of the mortgage loan. Usually, the NOD timeframe spans 90 days before the lender takes the next foreclosure step.

Notice Of Trustee Sale. Have You Received A Notice Of Trustee Sale?

Have You Received A Notice Of Trustee Sale? After 90 days have passed from the recording of the NOD, the lender issues a Notice of Trustee Sale. This notice is legally actionable and therefore acts as an intent to sell the foreclosed property at auction.

Notice Of Public Sale. Auction Sale Date Notice.

The date of the auction depends on one of various factors. Technically, the lender or trustee can schedule an auction 20 days after the Notice of Trustee Sale is posted. Nevertheless, you can postpone this event in one of a number of ways. As a result, some homeowners can delay an auction for as long as a year.

Foreclosure sales must take place on a business day between the hours of 9AM and 5PM. They must occur at the site that is listed in the Notice of Sale. The trustee auctions the property to the highest bidder, which may the lender. A borrower is permitted to delay or postpone the sale for one day.

Foreclosure Sale Outcomes. You Still Have Options.

You can realize one of four outcomes prior to a foreclosure sale.

Postponement. Postpone The Sale & Delay Foreclosure

A new foreclosure sale date is established and the foreclosure process begins again. This is usually done with the help of a foreclosure lawyer. Postponements permit you to buy additional time to restore your budget and become current. They also make it possible for you to devise a legal strategy to fight the foreclosure proceedings.

Cancellation. Cancel The Foreclosure

Cancellation enables you to potentially cancel the foreclosure by initiating a foreclosure prevention alternative, such as a short sale, deed in lieu, or a loan modification.

Bank Repossession. Bank Sale

Many times, the lender is the only party that can bid on the foreclosed property. In turn, the house goes back to the lender. If this happens, the homeowner may be able to regain his or her title after the auction sale. This can be done with the help of an experienced foreclosure lawyer.

A Third Party Buys Your Home. Third Party Sale

A foreclosure property is frequently an attractive purchase to a third-party buyer – someone who wants to capitalize on distressed properties. In this case, you may not regain the title to the home but may retain the right to sue your lender for damages you suffered.  

At this juncture, the property is deemed to be in pre-foreclosure. The property owner receives a notice by mail with the estimated sale date. Usually, this notice is delivered after the homeowner has missed four months of payments.