Legal Question in Real Estate Law in California

There isn't quite enough information here to cover all the possibilities. First, are you the only one on title, or do you and your ex co-own the home? Did you co-own the home, perhaps as community property, at the time the loan was taken out? Is the loan secured by all ownership interests, or only the ex's interest? (It is possible, although unusual, for a co-owner to pledge his or her partial interest in property as the only collateral for a loan).

Most likely, the two of you acquired this home together, and both still own it equally, although obviously not as community property anymore. The loan is porobaly in you ex's name only because you may have had credit or income problems at the time - this is the usual reason, although there could be other explanations.

The foreclosing lender should have given you notice of the default and of any proposed sale, but may have failed to do so, possibly not knowing your current address. Problems of this kind can be prevented, by the way, through recording a document called "Request for Notice of Default" ("RND") with the County Recorder. So, you are entitled to be notified, but the lender or trustee has no duty to track you down. Notification is based on last known physical address or address given in a recorded RND.

The borrower has a right to reinstate a defaulted loan up to five business days before a noticed foreclosure sale by paying all the arrearages, interest, penalties and costs then due. Only the trustor (borrower) himself, his successor, or a junior lienholder has this right to reinstate. Code of Civil Procedure section 2924c(a)(1).

You would have an opportunity to purchase at the foreclosure sale. You need to get into a position where you receive notices, either by recording an RND or by contacting the lender and the trustee and specifying your desire to receive notices, or both. Also, you need to be aware that buying properties at foreclosure is a "strictly cash" proposition -- trustees don't take personal checks, credit cards, nor do they extend credit or arrange loans for buyers. This doesn't mean you go to the sale with a cigar box full of fifties - you just need a confirmable bank balance or letter of credit and be prepared to make an ACH payment or wire transfer later that day. There are several helpful paperback books on buying foreclosure properties which explain the mechanics in easy-to-understand language.

Finally, remember that this answer assumes the most likely of several scenarios as to how you got into the situation of being on title without being on the loan, and my answer relates primarily to the most-likely one, not to all possible situations.

You are entitled to notice, if you served a request for special notice on the lender. With that, you would get first notice of default, and have the ability to cure the default before foreclosure was started. You should ensure that you have such a request in place with the lender. Contact them. IF foreclosure has already been started, it is too late to worry about that. You'll have to cure the default or bid on the property yourself at the auction.