What is a foreclosure? A foreclosure is the act of taking possession of a mortgaged property when the mortgagor fails to keep up their mortgage payments.
In California, the most common type of foreclosure is a Nonjudicial Foreclosure. This happens when a mortgage agreement has a “power of sale” clause that gives the lender the right to foreclose on a property itself.
Another type of foreclosure in California is a Judicial Foreclosure. This involves a lawsuit that is filed in order to sell the home (foreclose). It’s generally used when there is no “power of sale” clause in the mortgage or deed. After the court orders the sale of your home, it will be auctioned off and during the bid, due to the “right of redemption”, the homeowner has the option to buy back the home from the successful bidder for up to 1 year after the sale. These type of foreclosures are quite rare in California.
At Golden & Cardona-Loya, LLP, we protect homeowners from foreclosures. If you feel you have been wrongly foreclosed upon, contact us now and allow us to help you protect your home.