Monday, March 9, 2009

Redemption: only if Judicial Foreclosure

Timeline: around 120 days
Redemption: only if Judicial Foreclosure
Deficiency Judgments: only if Judicial Foreclosure
Judicial Foreclosure: Yes
Non-Judicial Foreclosure: Yes
Security Instruments: Deed of Trust, Mortgage
The Judicial Foreclosure process is rarely used in California . The Non-Judicial Foreclosure process is more common in California , and is used when there is a “power of sale” clause in the original loan documents. This clause authorizes the lender to sell the property in case of a default. If the loan documents specify the place, time, and terms of the sale, then those details must be adhered to. If they do not specify the time, place, and terms of the sale, then there are a series of guidelines that must be followed.


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