Legal Question in Real Estate Law in California

proceedures for a lender to follow on foreclosures

I have serveral queastions. 1) Does the lender have to give the boorrower 30 days notice before they file a ''Notice of Sale'' ?

2) Can the lender file a forclosure and close it and be able to use it again?


Asked on 1/08/03, 1:34 am

1 Answer from Attorneys

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

Re: proceedures for a lender to follow on foreclosures

(1) The trustee-sale foreclosure process begins with a Notice of Default. The service and recording requirements are prescribed by statute and are somewhat complex. Essentially, the borrower gets three months from Notice of Default until a trustee's sale can be advertised, and the pre-sale notice and advertising period can be as short as 21 days, but for practical reasons is usually somewhat longer.

The foregoing may answer your first question.

(2) I don't understand your second question, but if you are asking whether a trustee's (foreclosure) sale can be postponed, the answer is yes, it can. However, under some circumstances a foreclosing lender or trustee will have to start the process all over. This is usually when there has been a cure of the default, an error in the foreclosure process, or a long delay.

If you are a homeowner threatened with foreclosure, you need to take positive steps to protect your rights and preserve your equity. This may mean, at a minimum, giving the LawGuru attorneys more facts to go on. Based on your sketchy information, it's hard to tell what your problem is.

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Answered on 1/08/03, 2:02 am


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