The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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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.

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

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Our Areas of Practice

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

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Practice Areas

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • What Is Commercial Litigation and How Does It Affect Your Business?
  • Common Types of Real Estate Fraud
  • Everything You Need to Know About Adverse Possession in California
  • Understanding the Statute of Limitations for Wrongful Death Claims

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Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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