Pennsylvania Statutory Notices Required for California Foreclosure Consultants

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Multi-State
Control #:
US-FORECL-13
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Word; 
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Description

This form contains the notices of consumer rights required by California statutes to be given to homeowners by foreclosure consultants.

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FAQ

The nonjudicial foreclosure process is used most commonly in our state. Nonjudicial foreclosure is the most common type of foreclosure in California.

California law provides for two types of foreclosure: judicial (court involvement) and nonjudicial (no court involvement; this is the most commonly utilized method). Nonjudicial foreclosures are utilized in situations where the deed of trust securing the mortgage loan includes a power-of-sale clause.

The California foreclosure process can last up to 200 days or longer. Day 1 is when a payment is missed; your loan is officially in default around day 90. After 180 days, you'll receive a notice of trustee sale. About 20 days later, your bank can then set the auction.

In Pennsylvania, the lender has to send you (the borrower) a notice of intent to foreclose at least 30 days before starting a foreclosure. The notice must give you the chance to catch up on the payments, called "curing the default." The Pennsylvania Supreme Court ruled in the case of JPMorgan Chase Bank N.A. v.

By law, the Deed cannot be transferred for 21 days. During this time, you still technically own your home.

In order to legally operate as a Foreclosure Consultant in California, you must obtain a Certificate of Registration as a Mortgage Foreclosure Consultant from the Department of Justice. To do so, you must submit the following: A completed application. A copy of the contract you will use with clients.

How long does foreclosure take in PA? The PA foreclosure process can take anywhere from several months to over a year, depending on the specific circumstances and any legal challenge to the foreclosure filing. From the first missed payment, it takes 120 days before the bank can file a foreclosure.

There are two types of foreclosure: judicial foreclosures, which require a court order, and non-judicial foreclosures, which do not. In judicial foreclosures, the mortgagee must go to court and prove that it owns the mortgage and has the right to foreclose on it.

Notice of Intention to Foreclose (Act 6 Notice) (Residential Foreclosures) (PA) A notice of intention to foreclose required under Pennsylvania law as a condition precedent to a foreclosure action on certain residential mortgages. This Standard Document has integrated notes with important explanations and drafting tips.

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 couple of exceptions. (12 C.F.R. § 1024.41). This 120-day period provides most homeowners with ample opportunity to submit a loss mitigation application to the servicer.

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Pennsylvania Statutory Notices Required for California Foreclosure Consultants