Summary of California's Foreclosure Laws

Topic State Rule Common type of foreclosure process

California Foreclosure Laws and Procedures

While fewer homes in California are currently entering the foreclosure pipeline in the wake of the

The California Security First Rule & Foreclosure

If you fall behind in your mortgage payments, California’s “security first rule” says that your mortgage lender cannot sue you on the promissory note without first seeking a foreclosure.

The California One-Action Rule & Foreclosure

If you fall behind in your mortgage payments, California’s “one action rule” says that your mortgage lender can only take one action against you, whether it is to conduct a trustee’s sale, sue on the promissory note for the balance of the debt, or judicially foreclose. Read on to learn more about

California HOA Foreclosures

If you live in a house, condo, or townhome that is part of a common interest development in California, you are most likely responsible for paying dues and assessments to the homeowners’ associatio

Can I Get My Home Back After an HOA Foreclosure in California?

If you lose your home to an HOA foreclosure in California, you can get it back through redemption.

Glaski: Can You Stop a California Foreclosure Due to Improper Loan Document Transfer?

Successfully challenging a foreclosure can be difficul, but for a while it looked like a recent California case,  Glaski v.

California Timeshare Foreclosure and Right to Cancel Laws

If you have purchased or are thinking of purchasing a timeshare in California, it’s important to learn the answers to the following questions: How do I cancel a timeshare purchase in California? What disclosures are required in a timeshare purchase? What are the timeshare resale laws? If I stop making

The Underwater Mortgage Problem: A Solution in California?

As a way to help underwater homeowners, local officials in California's San Bernardino County and two cities, Ontario and Fontana, have proposed using the power of eminent domain to restructure

Can I Reinstate My Mortgage to Save My Home From Foreclosure in California?

You can prevent a California foreclosure from going forward by reinstating your mortgage loan. (To reinstate, you need to get paid up on the amounts that you owe, in one lump sum.) In the majority of foreclosures in California, the homeowner can reinstate at any time until five business days before the

California Laws That Encourage Foreclosure Alternatives

In response to the ongoing foreclosure crisis in this country, many states have implemented mediation programs to assist homeowners in finding ways to avoid foreclosure.

If I lose my home to foreclosure in California, can I get it back?

Question I bought a home in California six years ago with an adjustable rate mortgage (ARM). When the mortgage payment reset last year, I couldn't afford it.