Frequently asked questions

Most California foreclosures are non-judicial. After a Notice of Default is recorded, the trustee must wait at least 3 months before issuing a Notice of Trustee Sale, which must be given at least 20 days before the sale. With the 120-day federal waiting period and common postponements, it often takes 4 to 12 months or more.

Generally yes. California law lets you reinstate by paying the past-due amount plus allowed fees and costs until 5 business days before the scheduled sale (Civil Code § 2924c).

A set of laws (effective 2013) that, among other things, restricts 'dual tracking' (moving toward a sale while a complete loan modification application is pending), requires a single point of contact, and requires servicers to contact you before recording a Notice of Default.

No upfront fees. California law prohibits collecting fees for loan modification services before the service is fully performed. Free HUD-approved counselors can help you apply.

For a first mortgage on a 1–4 unit home, California Code of Civil Procedure § 580e generally bars a deficiency after a lender-approved short sale. Second loans, HELOCs, and taxes can be more complicated — ask an attorney or tax professional.

No. Carlos Sotelo is a licensed California real estate agent (DRE #02054569) with The Luxury Collective. He can help with selling options such as short sales and equity sales and will refer you to attorneys and HUD counselors for legal and loan questions.