Foreclosure in any aspect is a negative situation. No homeowner will ever want to foreclose their home because of any financial crisis. Facing foreclosure is an awful situation. There are two ways through which the foreclosure takes place: Judicial and Non-Judicial. California allows a non-judicial foreclosure. The foreclosure process has to follow state law. There are ways to stop foreclosure, through which you can save your home.
If you are currently in foreclosure it’s important for you to know, how you can stop foreclosure from taking place. There are various options you can opt for to stop a foreclosure from happening.
What Does Foreclosure Mean?
Taking a loan from a bank or a lender to buy a house or property is very common everywhere. Paying back the borrowed amount in the given time duration is also very important. If someone fails to pay back the loan amount, the foreclosure situation is very likely to come into existence. Foreclosure begins after the very first missed payment.
Foreclosure can also happen if the homeowner fails to pay the property tax levied upon them. There are various reasons for falling behind in payments like, financial crisis, medical emergencies, and sudden loss of job.
Introduction to Foreclosure in California
The foreclosure crisis peaked in 2010. The foreclosure process and mortgage services were heavily supported by state and federal laws after that. The non-judicial foreclosure may take some time but you may have better chances if you quickly act upon it. In California, people must sign a promissory note and mortgage when they take a loan to buy property. These documents give people some contractual rights as well.
California foreclosures most likely give you the right to many benefits. They are:
- Receive notice in the form of a breach letter before foreclosure.
- You can apply for loan mitigation.
- If you are in the military, you will get special protection.
- Get notified about the foreclosure and chance to respond legally.
- Pay off your debt to prevent a foreclosure sale.
- Get any excess money after a foreclosure sale.
Key Points About California Foreclosure
- Primary Security Instrument- Deed of Trust and Mortgage
- Judicial Foreclosure- Yes
- Non-Judicial Foreclosure- Yes
- Right of Redemption- Varies
- Timeline- Typically 120 Days
- Deficiency Judgements Allowed- Varies
Ways to Stop Foreclosure in California
There are ways of stopping home foreclosures in California that you need to know. Let’s cover them all.
Declare Bankruptcy
Yes, bankruptcy is a way through which foreclosure can be stopped. But you need to understand the concept of chapter 7 and chapter 13 of bankruptcy.
Chapter 13 bankruptcy in California: It is a common option to go for to stop foreclosure. According to chapter 13 bankruptcy, you are given a payment plan of 3 or 5 years to catch up with the payment in arrears. The lenders will be given orders to stop going forward with the foreclosure process. They will have to give you time to get back to your payment arrangements.
Chapter 7 bankruptcy in California: It is a liquidation form of bankruptcy. Unless you want the California bankruptcy trustee to sell your house, it may be a less common option to pursue. Even though it is the lower-cost bankruptcy option, you still may not want to opt this option.
You need to understand what your payment plan is. Is your payment plan regarding chapter 13 bankruptcy worth pursuing? For instance: you have $150,000 in arrears on your house and your payment plan is for 5 years / 60 months. Will you be able to pay an additional $2,500 every month to cover your arrears?
Applying for Loan Modification
It has become difficult to fully pay off the mortgage payments. There are many reasons why you can miss out on payments or get late in paying the mortgage. Before this unwanted thing happens, you may go to your lender and find out if they consider a loan modification option.
Reinstating Your Loan
Do you have enough cash to pay off all the loan amount? Approach your lender with cash. See if they accept the payment and permit you to continue paying your loan amount without any legal interference. Lenders only want to recover the loan amount and so they will accept your offer.
» Direct Mortgage Lenders in California: Click to know about the best mortgage lenders in California.
Plan for Repayment
Great! You can make payments again after missing out on some payments. Find out what your lender thinks regarding your repayment plan. In the repayment plan, you are allowed to pay the missed payments slowly along with the current mortgage payments. You can come up with an agreement on the repayment plan to stop foreclosure. According to this, you agree to pay your missed payments along with the normal payments.
Refinancing
Refinancing may be a difficult option to consider. Interest rates are going up only making it difficult to think of loans. You can start with a new lender which means a whole new agreement. There may be one drawback. It might become difficult to qualify for refinancing if your credit score is negatively affected.
Sell Out Your Home
It’s really sad even to think of selling your house. But it is actually a good option to consider selling your home to avoid foreclosure. You may receive an amount more than the actual price of your home. Perhaps you could even buy a house worth more than the one you sold. You can stop something drastic from happening and your credit report will also not get spoilt.
» How to Sell a House in California: Read the blog to know about how you can sell a house in California.
Short Sale
A short sale means that you can sell your home for an amount which is less than the amount you owe. The reason behind this is that sometimes your home is sold for a lesser amount in the auction. The bank/lender is sometimes not able to recover the whole amount they are hoping for. Home staging companies in California can help you get more than the asking price.
Deed In Lieu of Foreclosure
A deed in lieu of foreclosure takes place when the homeowner transfers the property to the lender. The homeowner hand over the property to the lender, clearing all the debts they owe. The property is then owned by the lender. You have to vacate the property as soon as possible. This way you can easily save yourself from any damage.
Frequently Asked Questions
How long does a foreclosure take in California?
About Four months
Foreclosures in California are primarily administered out of court, although court foreclosures are allowed. Out-of-court foreclosures take about four months. Court foreclosures only occur if a lender desires a deficiency judgment.
Is California allowing foreclosures?
In California, lenders can foreclose on deeds of trust or mortgages using a nonjudicial foreclosure process (outside of court) or a judicial foreclosure process (through the courts). The nonjudicial foreclosure process is used most commonly in our state.
How long can I stay in my home after foreclosure in California?
In a California nonjudicial mortgage foreclosure you may have as few as 120 days in your home from the time you're formally notified of your loan default.
What happens to tenants when a property is foreclosed in California?
If you live in the City of Los Angeles, renters in good standing cannot be evicted because of a foreclosure. (See details below.) If you live anywhere else in California, renters get until the end of their lease, or at least 90 days, to move out in a foreclosure.
Also Read
- How to Stop Foreclosure: Read the blog to know how you can stop foreclosure on your property.
- How to Avoid Foreclosure: Find out the ways by which you can avoid foreclosures so that you don’t have to face the foreclosure situation.
- Who Pays Closing Cost in California: Click to know who pays closing costs after the property is sold.
- How Long Does a Preapproval for a Mortgage Last: Know about all the details of the Preapproval of Mortgage loan.
Recommended
- Sell My House Fast for Cash: Check out this blog to see how you can sell your house fast for cash.
- How to Sell Your Own Home in California: Read to know how you can sell your home in California.
- California Cash Offer: Read the blog to know about the California cash offers in houses and it’s importance.
- How to Buy a House in California with Bad Credit: Know how you can go for buying a house in California even with a bad credit score.
- Who Pays for Title Insurance in California: Find out who pays title insurance in California.
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