Legal Question in Real Estate Law in California

Re: Notice of Sale

Please be cautioned that handling a foreclosure yourself (as lender) is very risky and there are many technical obstacles to carrying out a sale that cannot later be challenged and/or for which a buyer can obtain title insurance.

In addition to the requirements for filing, recording, notice and publication, the deed of trust itself may provide additional requirements for notice, additional grants of time, etc.

The law says 'three months,' not 90 days. See Civil Code, section 2924.

Due to the possibility of IRS federal tax liens affecting the property, it is customary to schedule sales 31 days after the Notice of Default runs its course, rather than the 20 days allowed by Civil Code section 2924f, and to have the title searched as of 31 days before the proposed sale to identify any tax liens.

After checking numerous Code sections and cases, I cannot find any authority for the proposition that 'three months' can be construed as 90 days. Normally, 'three months' would mean three calendar months, and something that may be done only after the expiration of three months would have to await the day following the three calendar months.

Again, I think you need professional assistance, at the very minimum from a title company, to be sure that the sale is unassailable, that IRS liens are researched and extinguished, and that the buyer obtains insurable title.