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Texas & California Foreclosure Process

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When it comes to real estate, you need to be on your toes to come across the necessary information. Many people are unaware of the fact that foreclosure eviction is an important topic, understanding of which and how the california foreclosure process works, has become imperative. If you are looking to overcome any nightmare then you need to have thorough information about eviction, foreclosure and repossession. Normally, it takes about 8-18 months for foreclosure to wrap up, but the actual time frame can be determined keeping in front the laws prevalent in the state.

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You need to make sure you do not miss out on any of the payments; as otherwise, the creditor can claim a penalty as well. When it comes to california foreclosure process or after foreclosure in california, “Notice of Default” is something you need to deal with. Once you receive the notice, then it is time the panic alarms must ring. There is a 90 days period during which you can ask for correction of the notice or you can pay off the debt.

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after foreclosure process

California After Foreclosure Process

 If you fail to respond to the initial notice, then you’ll another notice, called the “Notice of Acceleration”. This letter indicates that the amount you owe is due and if you are to avoid California foreclosure eviction  or a wrong foreclosure, then you need to act according the guidelines listed in the notice. If you fail to do so, then you may find yourself in deep waters.

If there is no response to the second letter, then a mere “Notice of Sale” will be issued and the judgment related to foreclosure eviction in california will be rendered. Foreclosure is by no means a delight, but if you are unable to pay the amount on time, then there has to be a way out for you to avoid foreclosure. For this, you need to know the california foreclosure process and foreclosure tenant law which can help you frame your case ideally. To start with, you need to go with the services of professional mortgagor or any person having expertise in california foreclosure process and eviction related matters. This is how you can stop eviction, and resultantly, you can enjoy peace of mind.

When the landlord doesn’t receive the rent, he can enforce the eviction process and claim his right. The proceedings differ from state to state as there are varied ordinances in terms of foreclosure eviction in los angeles. Though, the legal process related to a foreclosed home is settled in a couple of week’s time, yet at certain occasions, it can take up to 2-3 months as well. The renter receives a “Notice to Quit”, which refers to the fact that the renter needs to pay the rent or simply vacate the property.

 

If the tenant isn’t in a financial position to pay the rent, then instead of sitting idle, the tenant needs to consult the professional and discuss things like mortgage after foreclosure Los Angeles etc. If you are looking to overcome any issues related to unlawful detainer or things like that, then it is advisable that you seek professional guidance. If there is a lease agreement between tenant and landlord, then there can be various complications which you need to look forward to. Therefore, to ensure you abide by the law, professional services related to eviction and california foreclosure process must be sought. 

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What to Expect After Foreclosure

Following foreclosure, the bank cannot simply take possession of an occupied property. If the homeowner does not voluntarily leave, an unlawful detainer action will be brought to forcibly evict the homeowner and any other occupants from the premises. Unlawful detainer proceedings are expedited, with the normal timelines in civil actions considerably shortened. A case is expected to be completed no more than 45 days from the filing of the complaint, but more commonly the case is resolved in even less time.The following specifically addresses bank-owned properties. A separate discussion of issues common to investors or other 3rd party purchasers will be provided elsewhere. Although the same steps are required to obtain possession, it is more common for 3rd party purchasers to not adhere to requirements but conversely, often easier to obtain an eviction.This summary does not apply to renters of foreclosed properties, who may have additional protection under state or federal law.

Trustee's Deed Upon Sale

At a foreclosure sale, title to property is conveyed to the new owner through a Trustees Deed Upon Sale. Title may be acquired by the bank (REO), or by a third-party (investor or other individual/entity). As with any conveyance of real property, the Trustees Deed must be recorded in the county records and title to the property is not "perfected" until the Trustees Deed is recorded. This simply means that the new owner has no right to demand that you vacate the premises until their ownership appears in the public records.

 

Note: if the Trustees Deed is recorded within 15 days of the foreclosure sale, the effective date of the Trustees Deed dates back to the date of the foreclosure sale. (The implications of the retroactive effective date is explained in the legal discussion.) In addition, there is no requirement that the former owner be provided with a copy of the Trustees Deed.

Cash for Keys Offer:

Prior to initiating an unlawful detainer action, and usually within days of a foreclosure, the bank, through its real estate agent assigned to market and sell the property, will most likely offer a modest sum of money to the homeowner on the condition that the homeowner agrees to voluntarily vacate the property within a set time. The amount of money offered and the timeline to vacate vary, but the reason for the cash offer is universal: it costs less money than bringing a legal action to evict the homeowner.

 

I'm not suggesting that all the real estate agents peddling cash for keys offers are slimeballs, but as a group they rank right up there with lawyers and used car salepersons. At a minimum, understand that the agent is motivated by compensation earned for selling you a product that really benefits the bank. Sound familiar? Many are as slick as the mortgage brokers that convince homeowners that predatory subprime loans were best option.

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Observations:

CALIFORNIA FORECLOSURE PROCESS AND EVICTION

  • Alameda County

  • Alpine County

  • Amador County

  • Butte County

  • Calaveras County

  • Colusa County

  • Contra Costa County

  • Del Norte County

  • El Dorado County

  • Fresno County

  • Glenn County

  • Humboldt County

  • Imperial County

  • Inyo County

  • Kern County

  • Kings County

  • Lake County

  • Lassen County

  • Los Angeles County

  • Madera County

  • Marin County

  • Mariposa County

  • Mendocino County

  • Merced County

  • Modoc County

  • Mono County

  • Monterey County

  • Napa County

  • Nevada County

  • Orange County

  • Placer County

  • Plumas County

  • Riverside County

  • Sacramento County

  • San Benito County

  • San Bernardino County

  • San Diego County

  • San Francisco County

  • San Joaquin County

  • San Luis Obispo County

  • San Mateo County

  • Santa Barbara County

  • Santa Clara County

  • Santa Cruz County

  • Shasta County

  • Sierra County

  • Siskiyou County

  • Solano County

  • Sonoma County

  • Stanislaus County

  • Sutter County

  • Tehama County

  • Trinity County

  • Tulare County

  • Tuolumne County

  • Ventura County

  • Yolo County

  • Yuba County