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.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified foreclosure lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local foreclosure attorney to discuss your specific legal situation.
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