Special offer

Foreclosure Laws: State-by-State

By
Real Estate Broker/Owner with Broadpoint Properties Cal BRE #01324959

There are probably several places in the world wide web where you could find information about the different time frames for each state in the union. Personally, I have found the Foreclosure Forum to be very helpful. If you follow my link, you will see a list of the foreclosure time frames state-by-state.

Although the laws are currently changing almost everyday of the week, the California foreclosure time frame is as follows:

  • Lender can record a Notice of Default after 3 months of missed payments
  • Lender can record a Notice of Trustee's Sale (Notice of Auction) 90 days after the Notice of Default was recorded against the property
  • Lender can auction off the property as early as 21 days after the Notice of Trustee's Sale is recorded.

There are many borrowers out there who have missed more than three payments, yet the lender has not filed a Notice of Default. There are many reasons that this may occur. Understand, however, that the lender is within their right to file the Notice anytime after the 3 months of missed payments.

There are many options available right now to avoid foreclosure. A short sale (selling your home for what it is now worth, and asking the lender to forgive the difference) is just one of those options. Consumers need to be aware of all of the options available to them so that they can make the most informed decision possible.

Broker, Realtor®

 

Save time . . . outsource annoying administrative tasks.
All the commission checks you could ever want are just a click away.

Comments(2)

AMBER NOBLE GARLAND - Top Real Estate Expert, Property Tax Appeal Specialist & Author
Strategic Marketing Expert & Relocation Specialist Serving New Jersey and nationwide! - Marlboro, NJ
- The Agent You Can Trust To Deliver REAL Results!

Yikes....California foreclosure laws seem far more strict than the foreclosure laws in NJ!

May 05, 2009 02:21 PM
Stephen Orear
Northern Nevada Real Estate - REMAX Realty Affiliates - Carson City, NV
Realtor, CDPE - Carson City NV - Real Estate Specialist

Nevada foreclosure laws are very straightforward. The NOD can be filed after 60 days of no payments. Foreclosure is 120 days after filing of the NOD. There is no redemption period.

May 05, 2009 04:10 PM