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In a non-judicial foreclosure, the lender is proceeding on the basis that the mortgage or deed of trust provides for its right of foreclosure. This means that your lawsuit will ask the judge to stop the foreclosure proceeding until they can review your argument against the foreclosure.
Gather your loan documents and set up a case file. Learn about your legal rights. Organize your financial information. Review your budget. Know your options. Call your servicer. Contact a HUD-approved housing counselor.
A hardship letter should Start by stating the purpose of the letter whether it is a loan modification or a short sale so the lender knows what homeowners want. It should say something like I need to restructure my mortgage and obtain a lower, fixed interest rate2026, in a way that force them to find out why.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
As part of the lawsuit, the foreclosing party includes a petition for foreclosure that explains why a judge should issue a foreclosure judgment. In most cases, the court will do so, unless the borrower has a defense that justifies the delinquent payments.
Your name, address, phone number and account number. The type of debt resolution you're seeking. Your financial situation that has caused you to fall behind in your payments. A detailed budget and your plan for making payments (if you want to keep your home)
You can bring your loan current and stave off the foreclosure sale filing by paying the past due amount, plus penalties.You typically have to reinstate at least five days before the lender's deadline or risk the lender rejecting your payment and proceeding with a sale.
A lender can rescind a foreclosure sale if a borrower requests to reinstate the loan agreements and then makes payment to bring the loan balance current, provided this is done more than five days before the scheduled sale date.
It takes several months for a lender to foreclose on a California property. If everything goes according 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.