Pre-Foreclosure In California
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Can You Sell A House That Is In Foreclosure In California : What It Is, How It Works
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Pre-Foreclosure In California , What To Do?
Can You Sell A House In Foreclosure In California ?
When the average person buys a home, they get a loan from the bank or a mortgage company. The lending company, in these situations, has a lien against the house. The lien is a security for the lender, so the lender can get their money back when the buyer fails to make payments and defaults on their loan. This security instrument allows the lender the authority to force you to sell your home so that they can recoup the outstanding amount of the loan. Unfortunately, this process can leave you homeless. Without all that equity you worked so hard to increase over the years owning your home.
So can you sell a house in foreclosure? The answer is yes! Keep reading to find the basic information that applies to most people in foreclosure.
Questions and Answers
- Can I Sell My Home If It Is In Active Foreclosure?
- What Can I Do If My Home Is Being Foreclosed On In California?
- What Are The Two Types Of Foreclosure In California?
- Can You Sell A House In Foreclosure When In Bankruptcy
- How Long Can A House Be In Pre-Foreclosure in California?
- Can You Sell A House In Pre-Foreclosure?
- How Long Can A House Be In Foreclosure?
- What Is A Notice Of Trustee Sale?
- How Do Foreclosures Work In California?
- What Happens To The Property After Foreclosure In California?
- How Does Foreclosure Affect My Credit Score?
1: Can I Sell My Home If It Is In Active Foreclosure?
Yes, you can sell your house in foreclosure. It doesn’t matter that you must catch up on your mortgage payments and that the lender has initiated the foreclosure process. Foreclosure doesn’t put an automatic deadline for selling your property. If you can complete the process of selling your house before your foreclosure sale, you can go right ahead.
2: What Can I Do If My Home Is Being Foreclosed On In California?
If your home is being foreclosed on, there may be a way for you to stop it. You can authorize an advisor or a lawyer to speak with your lender on your behalf. Their professional knowledge will allow them to get the best results for you.
You can always stop foreclosure until your home is sold at an auction. However, your lender will take action after 90 days of your last payment. When those 90 days pass, your lender will first issue a delinquency notice.
3: What Are The Two Types Of Foreclosure In California?
In California, lenders can complete nonjudicial foreclosure, or they can complete a judicial foreclosure process. The nonjudicial process is done outside the court, whereas the judicial process is done through the court systems.
4: Can You Sell A House In Foreclosure When In Bankruptcy?
You absolutely can sell your house in foreclosure when you are in bankruptcy. To do this, list your home for sale in the traditional sense, and when you have an agreement of sale in hand, you can file a motion in court to allow the sale of the property.
5: How Long Can A House Be In Pre-Foreclosure in California?
The pre-foreclosure process can last more than 200 days in California. Your missed mortgage payment days begin from the first missed payment. That would be day 1. Then at around day 90, your loan is considered officially in default. After 180 days, you can expect a notice of trustee sale. Finally, 20 days after your notification of trustee sale, your bank can set your house up for auction.
6: Can You Sell A House In Pre-Foreclosure?
Yes, you most definitely can. You will receive a NOD 90 days after your first missed payment. Once you pass the 90 days, you are now officially in Pre-Foreclosure. During this time and up until your foreclosure sales date, you have the opportunity to list your house on the market for sale.
7: How Long Can A House Be In Foreclosure?
Foreclosure can take months or even years. The length of your foreclosure timeline can vary, but certain milestones are consistent throughout the process.
- The first missed mortgage payment.
- Ninety days after your first missed mortgage payment, your mortgage defaults.
- You receive a notice of default – at the beginning of pre-foreclosure.
- Initiation Of Foreclosure – petition to begin foreclosure, and a trustee is appointed to oversee the home auctioning.
- Notice Of Trustee Sale– Trustee has to legally notify the owner and the public about the sale.
- Auction – the highest bidder takes ownership of the property.
- If the minimum bid was not met at auction, the property becomes REO – Real Estate Owned. At this point, the house is owned by the lender and is often sold below market prices.
- Eviction Notice – When the property is sold at auction or gets REO designation, you will be given a specified date and time to leave.
In California, it often takes several months for a lender to foreclose on your property. The process typically takes around four months if everything goes according to schedule. However, the process has yet to take longer than 200 days, depending on the circumstances involved.
8: What Is A Notice Of Trustee Sale?
The trustee will sell your home at auction in 21 days. In order to ensure that you are aware of the pending sale, the trustee is required to send you a certified mail notice and publish it in a newspaper of general circulation in the county where your home is located for three consecutive weeks before the sale date.
9: How Do Foreclosures Work In California?
In California, foreclosure can be a judicial process, or it can be a nonjudicial process. The judicial process can take longer since the lender must file a lawsuit to get the power to sell your home. However, this can buy you some time if you want to keep your home and anticipate you will be able to get current with your payments. This option is used when your mortgage does not have a power-of-sale clause.
Nonjudicial foreclosure is the most common type of process that is complete in California. Nonjudicial foreclosure is used when there is a power-of-sale clause. Nonjudicial foreclosure allows homeowners to sell the home to pay off the loan balance if the borrower is in default.
10: What Happens To The Property After Foreclosure In California?
After a foreclosure is complete, the new owner has to serve you with a three-day written notice for you to move out of the home. If you do not move out within three days, they can go through the courts to do a formal eviction. That process can take several weeks, if not months.
11: How Does Foreclosure Affect My Credit Score?
Each late payment and each missed payment will have a negative impact on your credit score. But when it comes to your home being in foreclosure, you can expect this to stay on your record for seven years. And this is with all three nationwide credit bureaus. However, the good news is that the negative impact of a foreclosure on your credit score will lessen over time.
You almost always have the option to sell your home if it is in foreclosure. Can you sell a house in pre-foreclosure? The answer is yes. Can you sell a house in foreclosure when in bankruptcy? The answer is yes. Can you sell a foreclosure home? Yes, you most definitely can. Knowing where you are in the process makes a big difference. Still, in most cases, if you can have an agreement of sale before your home is put up for auction, you can sell it, repay the lender and move on.
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