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Commonly Asked Questions about US Foreclosure Legal Forms

For Residential Cases. Lender must mail you information on getting help at least 90 days before starting a court case. Lender asks court for a judgment on default and to appoint a Referee to decide the amount you owe and write a report. Lender asks court to accept the Referees findings. Judge orders sale of your home.
Most mortgages have a power of sale clause, so lenders can foreclose without going to court (non-judicial). These are the most common type of foreclosures in California.
Nonjudicial foreclosure is the most common type of foreclosure in California.
Judicial Foreclosure These auctions are commonly referred to as sheriff sales. In a strict foreclosure, the court sets a date by which the owner must pay the mortgage, and if the owner fails to pay, the court awards ownership of the home to the lender with no auction taking place.
Non-judicial foreclosures are when a lender forces the sale of a home to cover a debt.