Foreclosure Litigation in California

What it means in California:
Foreclosure litigation in California handles disputes about a lender’s attempt to take a property due to a mortgage default.

Key points:

• California commonly uses non-judicial foreclosure under the deed of trust process
• Litigation is often involved when homeowners challenge the foreclosure’s legality

California-specific considerations:

• Most residential foreclosures in California are non-judicial sales
• Borrowers may reinstate the loan by paying all overdue amounts up to a set number of days before the sale
• After a non-judicial foreclosure sale, California generally does not provide a redemption period
• A redemption period may apply only in rare judicial foreclosure situations, with a time limit determined by statute and case specifics
• California law limits or prohibits deficiency judgments in many non-judicial foreclosure cases