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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).
An Overview of California Commercial Foreclosure Laws The trustee holds the legal title to the property until the debt is repaid. The commercial foreclosure process happens generally in four stages: The Notice of Default (NOD) stage, the Notice of Sale (NOS) stage, foreclosure, and post-foreclosure.
Nonjudicial foreclosures can be accomplished in a general time frame of four months (provided all processes are followed). In addition, a nonjudicial foreclosure is not subject to post- sale redemption rights and thus attract higher bids.
The California foreclosure process can last up to 200 days or longer. Day 1 is when a payment is missed; your loan is officially in default around day 90. After 180 days, you'll receive a notice of trustee sale. About 20 days later, your bank can then set the auction.