Handling a Real Property Foreclosure: Here's how and when to Do it
"This Action Guide explains a real property foreclosure primarily from the lender's perspective. It is also valuable to borrowers' and foreclosure trustees' counsel for its clear description of foreclosure law and process. It identifies lender's options and guides the reader through appropriate remedies, including alternatives for mixed collateral and contaminated property. It takes the reader step-by-step through the trustee's sale process and discusses the impact of borrower's bankruptcy. It also takes the reader through judicial foreclosure; explains how to protect rents and property pending foreclosure' and covers postforeclosure judgment issues of sale, redemption, and procedure and strategy in fair-value hearing to establish a deficiency."--Scope of Guide.
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When Evaluating Whether Borrower Has Defaulted
When Selecting Appropriate Remedy
CONSIDER AN EXTENSION OR WORKOUT
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Action Guide amount antideficiency application appointment attorney Bank bankruptcy beneficiary borrower borrower's C4th CA2d CA3d CA4th Cal CEB Cal Rules California chap Civ Proc claim clause client Corp CR2d CR3d creditor damages debt debtor Deed of Trust defendant deficiency judgment encumbrances enforcement fair-value hearing filed foreclosing foreclosure sale full credit bid Further Research Glossary guarantor guaranty injunction judicial foreclosure junior lender levying officer liability lien lienholders Loan Ass'n loan documents Mortgage & Deed nonjudicial foreclosure notice of default notice of sale noticed motion obtain one-action payment personal property Proc Before Trial procedures protections provisional remedy purchase money Real Estate Finance Real Prop real property security receiver recorded remedy rents right of redemption Rules of Ct security interest senior Step 14 Step 25 Step 30 Step 9 Superior Court trustee's sale trustor unlawful detainer usury