Debtor is obligated to pay the secured party attorneys fees. In consideration of the indebtedness, debtor conveys and warrants to trustee certain property described in the land deed of trust.
Secure Debt Shall Foreclose In Sacramento
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Multi-State
County:
Sacramento
Control #:
US-00181
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FAQ
It takes several months for a lender to foreclose on a California property. If everything goes ing to schedule, the process typically takes approximately 120 days — about four months — but the process can take as long as 200 or more days to conclude.
Typically, lenders wait until you've missed four consecutive mortgage payments or are 120 days behind before initiating foreclosure proceedings. If you're struggling with payments, it's essential to contact your lender right away, as they might provide options to help you avoid foreclosure.
When Can a California Foreclosure Start? Under federal law, the servicer usually can't officially begin a foreclosure until you're more than 120 days past due on payments, subject to a few exceptions. (12 C.F.R. § 1024.41 (2025).)
Unlike some states that have a statutory redemption period after the foreclosure sale, California primarily offers a redemption period prior to the foreclosure sale. This period allows homeowners to “redeem” their property by paying off the total amount owed before the sale occurs.
In California, in the case of non-negotiable notes, the statute of limitations if four years. For negotiable notes, the statute of limitations is 6 years. Neither a deed of trust nor a mortgage can be judicially foreclosed after the statute of limitations has expired on enforcing the underlying obligation.
Trustees forward surplus funds to the state's unclaimed property division if they're not able to contact the prior homeowner(s). Californians may inquire about unclaimed surplus funds with the California State Controller at 1 (800) 992-4647. Remember: prior homeowners are notified of possible surplus funds via mail.
Steps to Claim Surplus Funds from Foreclosure Verify the Existence of Surplus Funds. Contact the representative or the attorney managing the forfeiture. Submit Your Claim. Once verified, you may need to file a request with the trustee. Wait for Review. Receive Your Funds.
In California, the foreclosure process typically begins when a borrower misses a mortgage payment, triggering a Notice of Default (NOD) after about 90 days. Following the NOD, the borrower has approximately 90 days to remedy the default before a Notice of Trustee's Sale is issued.
Notification: After the foreclosure sale, you will receive a notice from the trustee if surplus funds are available. The trustee must also file a report with the court. Filing a Claim: Submit a claim form to the trustee or the court, detailing your right to the surplus funds.
California Foreclosure Timeline For the most part, you can expect the process to go as follows. 90 days late: If your mortgage payment is 90 days late, your lender might consider starting the foreclosure process. This doesn't mean you'll automatically lose your home the first time you miss a payment.