How Can a Lender Foreclose on a Property in California?
The majority of lenders pursue a non judicial foreclosure in California. That means that the lender has the legal ability to sell the property at a foreclosure sale without suing the borrower in court. Instead, the lender must follow the stringent public notice and sale requirements described in the loan documents or by state law if the loan documents are silent as to the terms of the foreclosure.
Typically, a lender only sues a borrower in a judicial foreclosure proceeding if the lender is looking for a deficiency judgment against the borrower.