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Most mortgages have a power of sale clause, so lenders can foreclose without going to court (non-judicial). These are the most common type of foreclosures in California.
The foreclosure process derives its legal basis from a mortgage or deed of trust contract, which gives the lender the right to use a property as collateral in case the borrower fails to uphold the terms of the mortgage document.
The power of sale clause invokes the right of foreclosure, which describes a lender's ability to take possession of a property through a legal process called foreclosure. Lenders may use their right of foreclosure when a homeowner defaults on their mortgage payments.
Guidelines For Writing a Foreclosure Letter Address the letter to the head of the financial institution. ... Subject must be on point. In the body, always mention your name and loan account number. If you don't know the foreclosing procedure, then ask them to guide you.
Some legal charges or mortgage deeds will say that a lender has a right to "foreclose". This means they can enter and take over the property if you fail to pay the loan and the property will then belong to them. Even if they sell the property and there is a balance left over it will not be repaid to you.