California is a”lien theory” country –which is, most land loans aren’t mortgages, but hope deeds. A trust deed is slightly different from a mortgage, most especially in the foreclosure process. While mortgages call for a judicial foreclosure, trust deeds instead comply with a non-judicial foreclosure, so lenders can foreclose upon a property and begin the eviction process without first going through the courtroom.

Notice of Default

When you fall so behind on your loan that your creditor decides to foreclose, your creditor will enter a Notice of Default. This initiates the foreclosure process against you, and California law requires your lender to provide you with a copy of the notice via certified mail. Immediately after the creditor enters the notice, a 90-day redemption period starts. Your lender cannot evict you through this age. The redemption period offers you three options: contact with your creditor to settle the entire remaining balance, negotiate with a new repayment program (called a”contact to cure,” which requires you to settle the entire back-owed amount) or allow the salvation to perish. If you allow the exemption to perish without resolving the default option, you may be evicted at any time afterwards.

Trustee’s Sale

Assuming you don’t arrange a repayment with your creditor, the redemption period will finish on the 90th day along with your creditor will begin arrangements for a trustee’s sale. Your creditor will enter a Notice of Sale, which expands a second 20-day period. During this time, you will need to vacate the property and clear out your possessions. The lender will sell the property at public auction, even if you’re still residing there. Once a buyer takes ownership of the home, you’re presently living in a different homeowner’s property without his consent. From this point forward, if you refuse to vacate, the matter is between you and the homeowner, even although the lender may still help the homeowner via a number of the eviction process.

Notice to Stop

Should you refuse to vacate the property within 20 days after receiving the Notice of Sale, the creditor and/or the new homeowner will then enter a Notice to stop, a copy of which you will receive through email. In the day you receive the notice, you have three days to vacate the property. Should you refuse to move outside, you’re considered an”unlawful detainer,” which is a form of civil trespass.

Tenancy in Sufferance

At this point in the foreclosure eviction process, you’re considered a tenant in sufferance, and you’re presently a trespasser on another person’s private property. The homeowner may file a claim for criminal detention to evict you from the property at any time. What’s more, the state of California allows homeowners to find compensation for rent from tenants in sufferance, even though there was not any lease agreement in place. The homeowner may seek reimbursement for reasonable rent–normally calculated by determining the home’s fair market rental value–for the entire duration you lived in the property after the homeowner bought it.

Sheriff’s Eviction

If the homeowner wins the case against you for unlawful detainment, the court will enter an Order of elimination. The homeowner may serve a copy of this order on you through certified mail or hand delivery. The order will stipulate the date by which you have to vacate–normally, in 24 to 48 hours of receiving the order–and if you refuse to honor, you will be in contempt of court. Law enforcement can then enter the property and physically remove you from the home, and you might be arrested if you refuse to honor.

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