Legal Question in Real Estate Law in California

Can your house be foreclosed on if the payment is only 3 weeks overdue?

My house in California just came out of foreclosure, at which time all payments were brought current. My current payment was due less than two weeks ago, but I have just received a letter threatening to foreclose again on monday if payment has not been received.

Is it legal to foreclose on a property when the payment is less than 3 weeks overdue? If not, is it legal to threaten to do so?


Asked on 1/13/09, 9:54 pm

2 Answers from Attorneys

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

Re: Can your house be foreclosed on if the payment is only 3 weeks overdue?

It's legal to threaten, for sure.

The lender could in fact re-start the foreclosure process upon any material breach of the loan agreement, but if you had previously fully reinstated yourself, the official process must start over from ground zero with a new Notice of Default.

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Answered on 1/14/09, 12:49 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Can your house be foreclosed on if the payment is only 3 weeks overdue?

I can assist you in modifying your loan and avoiding foreclosure. Contact me immediately to discuss the costs associated with the service.

Very truly yours,

Christopher Brainard, Esq.,

Law Offices of Christopher Brainard

468 North Camden Drive, 2nd Floor

Beverly Hills, CA 90210

www.christopherbrainard.com

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Answered on 1/14/09, 2:00 am


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