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California Foreclosure Questions & Answers
3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for California on
Q: My father passed away and I have a total of 2 brothers and 2 sisters. My dad had a Mortgage and I need some help.

I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?

James L. Arrasmith
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answered on Jan 31, 2024

To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
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answered on Jan 21, 2024

In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.

Your...
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: What can I do about a person that hasn't made a mortgage payment in over 4 yrears

I'm the estate executor for my father who has past away...he had sold this property to an individual ,my father also was carrying the note...these person just won't pay ,I've been chasing them around for a year...what can I do??

T. Augustus Claus
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answered on Jan 19, 2024

As the estate executor for your deceased father, if the individual who purchased the property has not made a mortgage payment in over four years, you may have legal options to address the situation. First, review the terms of the sales agreement and the promissory note to understand the specific... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: Do we still have rights? House sold at auction in March 2023 due to unpaid mortgage. The unpaid was during covid!

Hi, my partner owns(ed) a house and in 2019 signed a new mortgage contract with a company taking over the previous. Then covid hit. To my understanding mortgages were supposed to be frozen. This mortgage company had kept billing him however and before we knew it he was slapped with a notice to... View More

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answered on Dec 27, 2023

Under California law, it's important to know that even if a house is sold at auction due to unpaid mortgage, former homeowners may still have certain rights. The fact that the mortgage issues arose during COVID-19 adds complexity to the situation, as there were various relief programs and... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?

I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is... View More

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answered on Dec 25, 2023

Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property.... View More

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Would there be a foreclosure risk if we hold on to mortgage payments until we hear back from the mortgage relief
James L. Arrasmith
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answered on Nov 28, 2023

Under California law, holding off on mortgage payments while waiting for a response regarding mortgage relief can be risky. Foreclosure proceedings can be initiated by your lender if you miss payments, even if you have applied for mortgage relief. It's important to keep in mind that the... View More

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: waiting for a reply from a mortgage Relief, is it ok not to pay for your mortgage, or can this bring foreclosure? TX:)
James L. Arrasmith
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answered on Nov 28, 2023

In California, not paying your mortgage can lead to foreclosure. This is because your mortgage agreement is a legal contract where you agree to make regular payments to your lender. If these payments aren't made, the lender has the right to start foreclosure proceedings to recover the amount... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

James L. Arrasmith
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answered on Nov 21, 2023

Based on the limited information provided, it seems there may have been an issue with the property title and transfer process when the company bought your home in California. A few key points:

- If your name was still on the deed when the company came to take possession, typically the sale...
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1 Answer | Asked in Foreclosure for California on
Q: Do I have any right on my house foreclosure 30 years ago without received any letters from lender ?

30 years ago my house been foreclosure which was rented and I was living in different town for my work , and i never received any notification about foreclosure, address is 14796 Briana street Moreno valley CA.

James L. Arrasmith
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answered on Nov 17, 2023

In California, the statute of limitations for challenging a foreclosure based on lack of notice is generally limited. After 30 years, it's highly unlikely that you have any legal recourse regarding the foreclosure. California law requires lenders to provide notice of foreclosure, but if you... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for California on
Q: Is a lien attached to a person
James L. Arrasmith
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answered on Nov 6, 2023

In California, a lien is typically attached to a property rather than a person. It serves as a legal claim or hold on the property as security for a debt or charge that must be paid off. When the property is sold, the lien must be satisfied from the proceeds before clear title can be transferred to... View More

1 Answer | Asked in Foreclosure, Probate and Real Estate Law for California on
Q: Can a court ordered receiver take a loan on a paid off house where the homeowners are both dead? And probate case opend

Our house is taken in Norwalk California under health and safety code violations to a receivership where the receiver pulled out equity loans cuz house was paid off for over 50 years myself my mom lived in the property as successors and errors we opened a probate case to protect them from taking us... View More

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answered on Nov 6, 2023

In California, a court-appointed receiver has the authority to take various actions concerning property under their control, which can include taking out loans against the property to pay for repairs or to maintain the property.

However, this power must be granted by the court order that...
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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: When I purchased my home there was a fictitious trust deed wit a statue of limitations of 60 years it also gained intere

The realtor elementary the fictitious after two years and rewrote my note a trustee got paid $16000 there is a satisfaction deed and a reconveyance I was 25 years I was clueless as to what happened

James L. Arrasmith
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answered on Oct 23, 2023

Under California law, a fictitious deed of trust is typically used for the purpose of securing future advances or obligations under a line of credit. If the fictitious deed of trust was eliminated and the note was rewritten, it's essential to understand the terms and conditions of the new... View More

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Identity Theft for California on
Q: Why is this my name and I haven't did anything like this are been to court are even own a fire arm is this a joke

I never had a fire arm are been arrested for a fire arm

James L. Arrasmith
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answered on Oct 17, 2023

If you believe there's been an error or misidentification involving your name, it's essential to address it promptly. Errors in legal or official records can occur for various reasons, including clerical mistakes or mistaken identity. In California, you have the right to review and... View More

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Q: 2nd mortgage is included in bankruptcy and now the 2nd mortgage is apparently in foreclosure.

My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More

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answered on Sep 14, 2023

Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Foreclosure and Probate for California on
Q: Can I sale a property in California as the executive of the estate?

Or do I have to go in the deed? It’s my grandfathers property it’s not contested

Julie King
Julie King
answered on Aug 15, 2023

The answer to your question depends on the type of powers you were given by the Probate Court. If you haven't yet been through the probate process and the deceased person had a Will (not a trust), you won't be able to do anything with the property until you are issued Letters by the... View More

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2 Answers | Asked in Foreclosure for California on
Q: Does a Notice of Default & Election To Sell Under Deed of Trust ever expire or become invalid in California?
T. Augustus Claus
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answered on Aug 14, 2023

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... View More

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2 Answers | Asked in Foreclosure for California on
Q: Can I start judicial foreclosure in California for judgement lien if property was sold as a foreclosure quick claim deed

I received a judgement lien against a person (the loan I gave that person was not secured by property). That person owned a house at that moment when I received a judgement lien. Few months later that person passed away, and the house was foreclosed for $3,600,000 (non judicial foreclosure). Later... View More

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answered on Aug 5, 2023

In California, judgment liens typically survive a non-judicial foreclosure, and they attach to the debtor's property regardless of any subsequent foreclosure. However, their priority depends on when they were recorded in relation to other liens. To enforce your lien, you may need to initiate a... View More

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2 Answers | Asked in Civil Litigation, Foreclosure and Real Estate Law for California on
Q: Hi I am trying to sell home before it forecloses. I was informed by title company I has a judgement from 2007. Califor

I disputed it but it remains on title report. It’s been 30 days and nothing has happened and I’m told I still owe something I know nothing about

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 22, 2023

If the title company won't give you a copy of the Abstract of Judgement, you will have to go to the County Recorder's office and get a copy. If you look at it and still don't know what it is about, then you will have to review the case file at the courthouse. If it truly is some... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: I am in foreclosure but my bank will not accept the payoff.
Rod B. Tuazon
Rod B. Tuazon
answered on Jul 19, 2023

There are not enough facts in your question to provide you with a specific response. But assuming the property is in California and the foreclosure is non-judicial (trustee sale), which is common in the state, you have the right of redemption before a foreclosure sale. Your right to redeem ends... View More

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