California Foreclosure

California Foreclosure

What is California Foreclosure?

A California Foreclosure is the legal proceeding when a lender obtains a court order giving the lender the right to resell the property. This normally takes place when an owner buys a property and takes out a loan, or mortgage, to pay for the piece of property. If the property owner misses one or more payments, the foreclosure process may begin with an official notice or call from the lender demanding payment.

California Foreclosure:  California Foreclosure Prevention Attorneys.

Are you facing foreclosure, either voluntary or involuntary?  You may hear about it in the media, about people just walking away to get out of their homes, or you may want to stay in your home but can’t afford your payments right now.  The question is can you really just walk away?  We have the answers you seek  and we have been practicing this area of law for years.  We will also continue practicing this area of law long after this crisis has passed, because there will always be those that need our assistance with their real estate issues.  We are recognized and experienced foreclosure prevention attorneys and professionals, and we have answers.  We also get results.

We have negotiated over 500 short sales from start to finish and have assisted with workouts or settlements on thousands of other real estate files all related to distressed real estate.

Regarding California foreclosure and California foreclosure prevention, contact us now to learn about all of the available options we have to help homeowners in need; you can get your questions with a free one on one confidential consultation with one of our experienced attorneys.

California Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust or if under California foreclosure law the lender is allowed to go after a homeowner judicially in order to recover monies owed.  Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.  A lender may also sue a borrower judicially if the loan is recourse or if mortgage fraud is present.  While this is an uncommon practice in California it can happen and it does, we have several clients come to us with judicial foreclosure lawsuits.

Using this type of foreclosure process, lenders may seek a deficiency judgment and under certain circumstances, the borrower may have up to one (1) year to redeem the property.

California Non-Judicial Foreclosure

The most common foreclosure practice in California. The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

If a second or third lien remains that is a recourse loan and the second lender did not bring the foreclosure action you will be liable and the second or third lienholder will most likely sue you once the foreclosure has finished.

Your California Foreclosure Lawyers, We Can Help!

If you are facing foreclosure, or have lost your home through foreclosure, you might still owe your mortgage lender money after the sale. This happens if the foreclosure sale price is less than the amount remaining on your mortgage – it’s called a “deficiency.” Whether your lender can go to court and get a judgment for the deficiency, and then collect it, depends on specific state law.

Contact us today for your free attorney consultation.

We are experienced California Foreclosure Attorneys and California  Foreclosure Prevention Attorneys. We are a unique and powerful combination and can help you with your real estate legal issues.  We have helped thousands of people with pressing real estate issues find solutions and relief through the use of short sales, deed in lieu of foreclosures, strategic foreclosures, mortgage debt settlements and legal real estate review and advice.  

Our real estate attorneys have achieved proven results and can give you the great legal advice and strategy needed to get you the results you want. Contact us today to schedule your complimentary attorney consultation by clicking HERE or by calling 916-757-6000. We look forward to helping you with all of your California Foreclosure real estate needs.



We currently have offices in Roseville, Sacramento, Folsom, and Elk Grove, as well as we pride ourselves in serving clients in all of Northern California and Southern California. Our clients also come to us from the areas of Sacramento and Roseville including the communities of Sun City, Davis, Natomas, North Natomas, Elk Grove, Lincoln, Loomis, Rocklin, and Granite Bay.

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Our California attorneys also serve the communities in and around Sacramento County, Placer County, El Dorado County, Sutter County, Yolo County, Solano County, Yuba County, Butte County, San Joaquin County, and Santa Clara County.

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The Litchney Law Firm and their attorneys serve professionals, executives, individuals, investors, inventors, companies and families with all of their legal needs. We currently have offices in Roseville, Sacramento, Folsom, and Elk Grove, as well as we pride ourselves in serving clients in all of Northern California and Southern California. Our clients also come to us from the areas of Sacramento and Roseville including the communities of Sun City, Davis, Natomas, North Natomas, Elk Grove, Lincoln, Loomis, Rocklin, and Granite Bay. Many clients are located in the cities of Auburn, Folsom, El Dorado Hills including the community of Serrano, Shingle Springs, Placerville, Rancho Murrieta, Rescue, Orangevale, Fair Oaks, East Sacramento, West Sacramento, Rancho Cordova, and Citrus Heights. We also serve many clients through efficient time saving ways in communities including, Fairfield, Vacaville, Walnut Creek, Chico, Paradise, Marysville, Yuba City, Redding, Red Bluff, Stockton, Modesto, and Lodi. We also serve clients in the Southern California areas of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

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Our Sacramento attorneys also serve the communities in and around Sacramento County, Placer County, El Dorado County, Sutter County, Yolo County, Solano County, Yuba County, San Joaquin County, and Santa Clara County.

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