Having problems.... Find out what is the First Action Rule?  Can a lender harass you all the time - every day? After the "Notice of Default" is recorded - What can and can't a lender do?  Harass you every day = YES. Can they call you at your job? YES.  Can they call you everyday at home? YES.  Can they call people that know you looking for you - perhaps the references you put on your application? YES and they will.

OK but can they move me out? NO, not just yet!   Why can't the lender sue, move or force you out? The First Action Rule: A secured lender must move against the secured property first, before they can take any action against a borrower for non- payments.   California foreclosure rules take about 6 months to foreclose. So in summary: They can bug you everywhere they have a number or reference for you but they cannot make you move out prior to the time line set by the Foreclosure Laws.

It takes about 6 months from that first 30 days missed mortgage to the end of a normal foreclosure. When I say normal, what do I mean? Means you don't have other delays that occur during this timeline.  What is a normal foreclosure timeline? Brad Andersohm's blog is the best to explain the timeline: The California Foreclosure Process & Timeline. Three months delinquent = Notice of Default is recorded plus the 90 days before a Notice of Sale is published plus the next 21 days until the auction date.  This all equals up to about 6 months.  That is(90 + 90 + 21) equals 201 days of no payments. Some may view that as free six months to save money for your next place of residence. This is a function of the foreclosure rules. 

Now if your time is up - can they evict you? YES

During this time you have the right to list and try to sell your home.  If your equity is too low to cover the sell, you have the right to request a short sale.  HOWEVER, Short sale approval is not AUTOMATIC! 

For FREE MARKET EVALUATION of your home visit http://www.motheranddaughterrealty.com/

Check out my Mother and Daughter Blog for other tips for Sellers and Buyers. I work with my daughter as the Mother and Daughter Real Estate Team and we also focus in Short Sales and the Pre-Foreclosure process.  Our consultations are free.  Our aggressive marketing plan includes progressive on-listing advertising.  If you are thinking of selling or buying a home in Northern California's Central Valley (San Joaquin County - includes Stockton, Manteca, Lathrop) and Stanislaus County- includes Modesto, Riverbank); East Bay (Alameda County - includes Hayward, Fremont, Newark, Union City & Oakland) and surrounding areas.  If you would like a FREE Home Seller or Home Buyer Handbook, please call us at Perfect Financial Solutions 866-750-8282 or email at US.  Our best connection is our website: http://www.motheranddaughterrealty.com/.

The Mother and Daughter Realty Team

Perfect Financial Solutions - We care about our clients Real Estate needs
Tel.: 866-750-8282
Fax: 866-815-1649