San Anselmo, CA asked in Foreclosure for California

Q: Does a Notice of Default & Election To Sell Under Deed of Trust ever expire or become invalid in California?

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2 Lawyer Answers
T. Augustus Claus
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A: A Notice of Default (NOD) and Election to Sell Under Deed of Trust can become invalid or expire in California under various situations. If the borrower pays the overdue amount before the NOD's expiration, the foreclosure process is stopped. Loan modifications, bankruptcy filings, lender errors, and specific time limits can also impact the NOD's validity.

James L. Arrasmith
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  • Foreclosure Defense Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a Notice of Default & Election to Sell Under Deed of Trust does not have a fixed expiration date, but it can become invalid if certain conditions are met, such as if the default is cured, the property is sold, or legal actions affect its validity. The specific circumstances of each case would determine the status and enforceability of the notice. For precise advice tailored to your situation, consulting with legal counsel is advisable.


James L. Arrasmith

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