Legal Question in Real Estate Law in California

Re: Foreclosure

If you mean the Notice of Default, which is the first formal step in initiating non-judicial (trustee's sale) foreclosure, it must be in writing, it must be recorded with the county recorder, and a copy must be mailed to the trustor (borrower) as well as any other party who has recorded a Request for Notice of Default.

There are some limitations on the rights of a co-owner such as a tenant in common to proceed on a deed of trust given by the other co-owner, since co-owners are considered fiduciaries of one another. One of these limitations is that you can't buy the note from a third party holder and use it to squeeze out your co-owner. However, if there is nothing sneaky involved and the right of one co-tenant against the other is squeaky clean, you probably can bring and maintain a lawsuit or a nonjudicial foreclosure proceeding