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The 120-day foreclosure rule mandates that lenders must wait at least 120 days after a missed payment before filing for foreclosure. This grace period provides homeowners additional time to seek assistance or explore options to prevent losing their homes. Keeping an eye on the foreclosure rate in California highlights why understanding these timelines is essential.
Bank repossessions increase nationwide States that posted the largest number of completed foreclosures in Q3 2023, included California (1,277 REOs); Illinois (1,057 REOs); Pennsylvania (743 REOs); New York (673 REOs); and Ohio (635 REOs).
The foreclosure rate in California is still relatively low compared to the national average, but it is increasing. In March 2023, the foreclosure rate in California was 1 in every 4,244 households. The national foreclosure rate was 1 in every 1,217 households.
If the owner in default does not pay off the default within a certain time frame, the trustee can schedule a public sale of the property. Foreclosures in California are primarily administered out of court, although court foreclosures are allowed. Out-of-court foreclosures take about four months.
In a judicial foreclosure, after the judge orders the sale of a home, it's usually auctioned off to the highest bidder. The homeowner has some time after the sale to buy the home back from the successful bidder (called the right of redemption). The amount of time depends on whether the sale satisfied the debt.
California changed its law at the beginning of the 2023 to require that certain sellers of foreclosed properties containing one to four residential units only accept offers from eligible bidders during the first 30 days after a property is listed.