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I'm behind on my payments, how long before the bank forecloses?

By
Real Estate Agent with The Mode Real Estate Group DRE # 00935148

I am asked this question by Elk Grove homeowners contemplating a short sale all the time...I'm behind on my payments, so how long before the bank forecloses?

A lender has the right to begin foreclosure proceedings in California as soon as you've missed the first payment.  In practice, lenders would prefer not to spend the money and time to start foreclosure proceedings if it can be avoided.  Many lenders will actually wait several months before they begin the foreclosure process.                                         Notice of Foreclosure

Once the lender does decide to begin foreclosure proceedings, the lender must file a Notice of Default. During the Notice of Default period the borrower is allowed to make up delinquent payments, plus fees and costs; this period is 3 months.  After the 3 months is up, a Notice of Trustee's Sale is filed and this sets the Trustee Sale date, approximately 3 weeks later.

It is important to know that if you are working on a Short Sale, it does not mean that the lender will "stop" the foreclosure process.  Most lenders will continue with foreclosure proceedings even if a Short Sale is being reviewed or worked on.  Our team consistently gets foreclosure sale dates postponed or delayed when we are in the Short Sale process.

If you are considering selling your home as a short sale in Elk Grove, no doubt you have more questions than answers.  We are here to answer your short sale questions.  For a FREE no obligation short sale consultation call us today at (916) 230-0371.  To see if you qualify for a short sale, contact your local Elk Grove Short Sale Realtors, Lori Mode and Bruce Durham.

If you are struggling to make your mortgage payment on a home in Elk Grove... We are here to help!

As an agent with the CDPE® Designation, I have a strong and unique appreciation of the factors affecting the market, and know that there are options available to you.

If you would like to know more about your options, please call us at (916) 230-0371.  If you are a homeowner in the Sacramento/Elk Grove area and have questions regarding short sales, deeds in lieu of foreclosure, or foreclosure, please call me.  Or visit our website at www.ElkGroveShortSale.com.

Register NOW for our Community Workshop - The Upside of Short Sale.

Posted by

Lori Mode

Lori Mode, Keller Williams Realty - Elk Grove

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or www.ModeRealEstateGroup.com 

Lori Mode and Bruce Durham, Elk Grove agents

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About the author: The above Real Estate information was provided by Lori Mode.  Lori can be reached via email at Lori@ModeREGroup.com or by phone at 916-405-5737. Lori has helped people move in and out of Elk Grove and surrounding Sacramento areas for the last 37 years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

Brian West
imortgage - Gilbert, AZ
Arizona Lender

Great article! I think it's important for home owner's to know what the process is and also great to know what their options are to avoid foreclosure as well!

A little on topic side note, can't tell you how many people I hear about, including one that I know personally, who are getting past the 12 month mark in the process... taking banks forever these days.

Jan 18, 2011 04:48 PM
Rosemary Brooks
BMC Real Estate - 209-910-3706 - Stockton, CA
The Mother & Daughter Realty Team

This is a gret question and a great post. Nowadays, most of the homeowners are on pins and more pens... and asking this question

Jan 18, 2011 04:49 PM
Kate Bourland
Marketing with Kate - Redding, CA
Onlilne Marketing Mobile Marketing

I thought that in the state of California that the lender was required to send a 30 day notice that they were about to file the NOD.  Is this still true?

Jan 18, 2011 04:50 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

In Florida, the  average is 500+ days (that is an average, each situation is different, consult a Real Estate Attorney for Legal Advice).

Florida Judges are now ruling against Banks that have committed Fraudulent Court Filings.  So that 500 days may get even longer.

 

Jan 18, 2011 04:51 PM
Lori Mode
The Mode Real Estate Group - Elk Grove, CA
Real Estate Made Simple

Brian - I'm hearing 12 - 18 months sometimes and then again, I heard 3 months the other day from a seller who contact me about a short sale.  You don't ever know for sure.

Jan 18, 2011 04:59 PM
Jon Quist
REALTY EXECUTIVES ARIZONA TERRITORY - Tucson, AZ
Tucson's BUYERS ONLY Realtor since 1996

Good question. No one answer. I have seen some drag out for two years.

Jan 18, 2011 04:59 PM
Jack Mossman - The Nines Team at Keller Williams in Stockton
The Nines Team At Keller Williams - Stockton, CA
The Nines Team at Keller Williams in Stockton

Lori and Bruce - With all the mixed messages in the media ... it is small wonder that the consumer is confused!  What the lenders CAN do and what they WILL do no longer seem to be in tandem.  Thanks for the post and for the workshop ... the more people know the sooner we get this issue on a fast track to being over ... that's both the individual short sale ... and the economic mess!

Jan 18, 2011 05:01 PM
Tim Lorenz
TIM LORENZ - Elite Home Sales Team - Mission Viejo, CA
949 874-2247

We had an individual ask us to come list their home on a short sale.  What they failed to tell us until we arrived is they have not been paying their mortgage for over a year.

Jan 18, 2011 05:26 PM
Suzanne Taylor
Ultima Real Estate - Corpus Christi - Corpus Christi, TX
Home Sales In Corpus Christi, TX

And unfortunately, if the press is right, we are going to have more and more of these during 2011, great post, suggested it for a feature.

Jan 18, 2011 05:46 PM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I wish more people would get their heads out of the sand and stop denying they are in trouble. That said, the foreclosure process is different from state to state and how long a bank will give the borrower is different also. I guess it all depends on the bank and how busy they are. Most banks would rather have the homeowner and/or renter stay in the house until they are ready to take over. I've seen this. At this point the homeonwer/renter can stay without making payments.

Jan 18, 2011 05:47 PM