Legal Question in Real Estate Law in California
What should I do when Notice of Default comes in the mail?
I am going to stop paying my mortgage soon and want a plan.
Thanks for any advice
2 Answers from Attorneys
Lenders behave differently, and timing also varies from county to county and neighborhood to neighborhood, but here are some general guidelines:
At least a couple of months will elapse between when you stop paying and when the Notice of Default is recorded and mailed, especially if your payment record has been good. Six months is not all that unusual. In the interim, most lenders will make attempts to contact you to offer counseling, discuss loan modification, etc. I have also heard of really nasty bill-collection attempts, but I think that was an exception, not the rule.
Figure on at least 110 days from Notice of Default to Notice of Sale, and a trustee's sale 15 to 25 days after the Notice of Sale.
After the sale, you no longer have a legal right to remain in the property, but if you need to push things, figure it will take several more weeks, possibly even a couple of months, to serve you with an unlawful detainer, get a judgment, then have the sheriff toss you out.
A foreclosure will cause your credit rating to take a significant hit. Be sure to save up your cash for the security deposit and first month's rent at your new address, and do anything else for which a credit rating is necessary. Keep the insurance and property taxes paid up, and don't trash the place.
Finally, I'm assuming this is an owner-occupied property with only a purchase-money first deed of trust loan against it. There can be a risk of personal liability in other situations, especially with non-purchase (refinance or cash-out) second loans.
A plan for what?