FORECLOSURE RETURN OF SALE - NO PROCEEDS 2025

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The only exceptions to the 120-day rule are: The loan was a temporary loan such as a construction loan. The home isnt in a 1-4 unit family dwelling. The home isnt in a state or territory of the United States.
Under the Dodd-Frank Act, a homeowner usually must be more than 120 days behind on mortgage payments before a loan servicer (on the lenders behalf) can start a foreclosure.
Deficiency Judgments The foreclosure sale may not provide proceeds sufficient to satisfy the mortgage debt. In such cases, the noteholders representative (and any junior lienholders) may seek a deficiency judgment a legal judgment for the remaining amount of the debt.
Laws prevent banks from selling a foreclosed property for less than it is worth and demanding the balance from the borrower in default. Mortgage lenders that obtain a deficiency judgment may be able to garnish the debtors wages, seize other property, or take money from their bank account.
By the fifth missed payment, foreclosure proceedings are usually underway. In California, you may get a notice of trustees sale, which puts your property on the auction block.
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The borrower has 14 days to file an appeal. A complete application received by a servicer 37 days or more before a scheduled foreclosure sale will be evaluated for loss mitigation options available to the borrower.
If the lender is able get a deficiency judgment under state law, it may typically use standard collection techniques, like garnishing the borrowers wages, levying a bank account, or attaching a lien to property to compel the borrower to pay it.
If your home is foreclosed in California, you may or may not still owe money, depending on the type of foreclosure and loan you had. In most cases, if your home is sold in a nonjudicial foreclosure (the most common type), you are not responsible for any remaining debt.
In California, following a non-judicial foreclosure, youre typically not held liable for any remaining mortgage balance if the sale doesnt fully cover the loan amount. However, you may still be responsible for other debts, such as a second mortgage or additional loans.
The rule says the first notice or first filing under a states foreclosure law cant occur until youre more than 120 days delinquent. Your delinquency begins on the first day your mortgage payment is due and not paid.

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