Yes! You remain the owner of the home despite the foreclosure process. Therefore, you have every legal right to list, market, and sell your home at any time. The only caveat is that with each notice received regarding the foreclosure, it gets harder to complete the sale.
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.
The law also introduces new foreclosure sale protections to help homeowners avoid losing equity. If a listing agreement with a licensed real estate broker is submitted at least five business days before the foreclosure sale, the sale must be postponed for at least 45 days.
During a judicial foreclosure, the court sets a redemption period, usually lasting up to one year, where the homeowner can redeem their property by settling the debt. However, in non-judicial foreclosures, which make up the majority of cases in California, there is no redemption period after the sale.
In general, mortgage companies start foreclosure processes about 3-6 months after the first missed mortgage payment. Late fees are charged after 10-15 days, however, most mortgage companies recognize that homeowners may be facing short-term financial hardships.
Yes, you can absolutely sell your home even if you are behind on your payments. In fact, the earlier you start the listing and sale process during the “pre-foreclosure period,” the better outcome you can expect.
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.
The law also introduces new foreclosure sale protections to help homeowners avoid losing equity. If a listing agreement with a licensed real estate broker is submitted at least five business days before the foreclosure sale, the sale must be postponed for at least 45 days.
“Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.