Legal Question in Family Law in California

In California, residential real estate purchases use a promissory note secured by deed of trust. The note is basically the loan agreement that the home buyer promises to pay back the loan to the lender or bank. The deed of trust allows the note to be secured by the home, that is, if the buyer defaults on the note, the trustee named on the deed of trust is authorized to conduct foreclosure proceedings to foreclose on the home and sell at auction in order to pay off the loan. The deed of trust is faster than the lender having to go to court to seek permission to foreclose on the house (judicial foreclosure).

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