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Most foreclosures on deeds on trust in California are nonjudicial foreclosures. In the nonjudicial foreclosure process, the lender first files a Notice of Default with the county recorder. The Notice of Default includes the following information: The amount of money the borrower is late paying.
To foreclose on a deed of trust, the lender must send the Notice of Default to the borrower by certified mail. If the borrower does not pay the requested amount within 90 days of the date of the notice, the foreclosure process continues.
A foreclosure sale under a deed of trust?also called a trustee's sale?is done without court involvement. This nonjudicial foreclosure process is used in most states that allow a deed of trust, and it benefits lenders.
Non-judicial Foreclosure To accomplish this, a power of sale clause is added to the mortgage, or deed of trust, which gives a third-party trustee the right to sell the property in the event the borrower does not make their payments.
A second trust deed is a loan recorded against real estate when the property already has an existing loan or mortgage. Second trust deed loans let the borrower take out an additional loan against the property while keeping the existing mortgage on the property as well.