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Foreclosure & Alternatives Law

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What Public Notice Requirements Are There for a Real Estate Foreclosure in California?

In California, a non judicial foreclosure starts when the lender records the Notice of Default in the county office where land records are recorded for the property at issue. If the homeowner is unable to pay the outstanding money owed on the property (including any fees and interest) within 90 days then the lender may file a Notice of Sale. A Notice of Sale puts the public on notice that the property may be foreclosed upon within 21 days. The Notice of Sale must also be published in local newspapers each week for three consecutive weeks prior to the foreclosure sale.  The Notice of Sale must also be posted on the property and in at least one other public place. Judicial foreclosures are not common in California but when they do occur, the filing of the judicial action serves as public notice of the foreclosure.
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