Legal Question in Real Estate Law in California

How long are you able to stay in your home once foreclosure procedures have begun? Also, what are (and how many) are the legal notifications that the mortgage company must give you before you are fully evicted from the property.


Asked on 12/22/09, 12:51 pm

1 Answer from Attorneys

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

Ordinarily, the time from recording and service of the Notice of Default to the arrival of the sheriff is not less than 4-1/2 months. We are observing a lot of foreclosure processes that move more slowly, and eight or nine months is not too uncommon, but don't count on it.

The foreclosing beneficiary (lender) or its agent or the trustee must give you, at minimum, two notices - the Notice of Default, then the Notice of Sale, advising you when and where the foreclosure auction sale will take place. After the sale, notices you receive will be from the buyer, which may or may not be the lender. These usually start with a three-day notice to quit, and if you don't it'll be followed with a summons and complaint for unlawful detainer.

During and after the UD, you may get additional notices from the court or the plaintiff.

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Answered on 12/27/09, 2:32 pm


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