Send a public records request to the Office of the Assessor-Recorder in the county or city in which you reside. This office maintains public property records, and will have access to all publicly available foreclosure documents.
Foreclosure proceedings begin with a complaint filed by the lender. The borrower is served a copy of the complaint and a summons, along with a notice of his or her rights during foreclosure. In most cases, the borrower has 30 days to file a response. Failure to respond will result in a default judgment for the lender.
This is called your right to redeem, and the 7-month period is called the redemption period. Sometimes you can have longer. The redemption period also runs for 3 months after a foreclosure judgment is entered, so, depending on when a judgment is entered, the redemption period can run longer than 7 months from service.
Filing an Answer to the Lawsuit If you decide to respond to the suit, you can tell a judge why you think the foreclosure isn't warranted. You must present your objections to the foreclosure by filing an "answer" with the court by a specific deadline.
The deed to the home is then issued to the lender or purchaser. A homeowner is provided a minimum of 30 days following the Confirmation of Sale before an eviction can take place. If the homeowner refuses to leave the property, the lender or purchaser may schedule an eviction with the Lake County Sheriff's Office.
Loss in Ownership, Title, and Equity: The most obvious drawback of a deed in lieu is the loss of ownership, title, and equity in the property. A borrower will also lose any improvements that were done on the property, rental income, and other profits related to the property.
Mortgage Foreclosure Surplus Funds Claiming a surplus involves filing a Motion, mailing or serving Notice of Motion and a copy of your Motion to all parties involved in the case, scheduling a court date and appearing before the judge to request an Order to have your surplus funds released.
Deed in Lieu of Foreclosure Potential for Relocation Assistance: Sometimes, lenders may offer relocation assistance or additional time to stay in the home as part of the deal. Faster Resolution: The deed in lieu process is generally quicker than foreclosure, providing faster relief from mortgage obligations.