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

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

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Our Areas of Practice

  • Real Estate
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • 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

  • Real Estate
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • How a Business Attorney Can Help You Sell Your Business in California
  • Dealing With A Contract Breach? These Are The First Steps You Need To Take
  • What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor
  • Understanding and Avoiding Mortgage Fraud: Here’s Everything You Need to Know

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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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