Legal Question in Real Estate Law in California

Can a bank foreclose on a property if the bank is still accepting partial monthly payments?


Asked on 10/06/09, 6:11 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

So long as you are in default, the beneficiary of the deed of trust can order the trustee to carry out a foreclosure. You can reinstate up to five business days before a foreclosure sale, but you'll need to pay all arrearages, interest, penalties and expenses of the lender that are due at that time. This is based on California law and practice.

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Answered on 10/06/09, 8:21 pm


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