You get a notice in the mail, or a phone call that starts “friendly” enough. You might even think, “I’ve been with this bank for years, they’ll work with me.” Here is the reality in California: The bank is not your friend. They are a business. A foreclosure filing isn’t a conversation; it’s a legal process designed to recover an asset. While they might talk about “loss mitigation” or “assistance,” their primary goal is the bottom line. If you are facing a foreclosure filing in San Diego or anywhere in CA, you need to understand exactly what is moving against you so you can move faster.
How it Works in California (The Non-Judicial Reality)
California is primarily a non-judicial foreclosure state. This means the bank doesn’t have to take you to court to take your home. They follow a specific timeline:
- Notice of Default (NOD): This is the “official” start. In CA, they can’t file this until you are at least 120 days delinquent.
- The 90-Day Waiting Period: Once the NOD is recorded, you have 90 days to “cure” the default.
- Notice of Trustee Sale (NOTS): If the 90 days pass, they set an auction date. You now have roughly 21 days before the house is sold on the courthouse steps.
The Types of Foreclosure Filing
- Judicial: Rare in CA, but involves a lawsuit.
- Non-Judicial: The standard. It’s fast, automated, and relentless.
Why You Can’t Wait
The biggest mistake homeowners make is believing the bank’s “help desk” will stop the clock. They won’t. You need to be proactive. Whether it’s a short sale, a deed-in-lieu, or a strategic sale to preserve your Prop 19 tax benefits for your next move, the power only stays in your hands as long as the auction hasn’t happened.
Working With The Team at HomesinSDCo
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