The Foreclosure Process

Riverside, California Foreclosure Attorney

In California, foreclosures are typically handled through what is referred to as a “non-judicial” process. Your loan officer or lender is required to adhere to the following foreclosure process protocols:

1. Your lender must contact you either in person or by phone to evaluate your financial situation and determine if there are other options available besides foreclosure.
2. If foreclosure is the only option, your lender cannot initiate the foreclosure process until 30 days after contacting you and assessing other available options.
3. Your lender should also inform you that you have the right to request a meeting in order to learn how you can avoid foreclosure. This meeting should be scheduled within 14 days of your lender alerting you to your right in this regard.
4. If you choose, you can ask that a HUD-certified counseling agency or attorney discuss alternatives to foreclosure with your lender. You have the right to accept a proposed loan modification or other alternative to foreclosure agreed upon by your representative and lender.
5. If a plan or alternative for avoiding foreclosure is not arrived at, your lender will serve you with a Notice of Default.
6. After a minimum of three months after being served with a Notice of Default, your lender must provide you with a Notice of Sale.
7. After being served with a Notice of Sale, your home can be sold a minimum of 20 days later.

Keep in mind, there are alternatives to foreclosure, such as bankruptcy, short sales, and loan modifications. Our attorney can evaluate your financial situation and your mortgage and discuss alternatives to foreclosure with you.

Once Your Home Is Sold After Foreclosure

After your home is sold, its new owner must provide you with a three-day written notice to quit the property and initiate a formal eviction process. The new owner cannot change the locks on the doors or throw you out immediately. Typically, the eviction process takes 30 to 45 days in the State of California. This means the new owner cannot knock on your door and throw you out. After the eviction process has been initiated, you can — and should — file a response in court.

In some cases, the new owner — possibly the bank — may offer you money to move out rather than go through the eviction process. If you accept money to move out, you should get everything in writing.

Contact a Bankruptcy Attorney at The Mellor Law Firm

If you have questions regarding the foreclosure process or the alternatives to foreclosure, contact The Mellor Law Firm. Even if the foreclosure process has already begun, we can evaluate your situation and help you protect your rights and interests.