San Francisco foreclosure, and how to find an attorney.
In California, we coordinate attorney referrals only.
Here is how a California foreclosure works, the notices that start the clock, and where to find help.
Questions about a referral to a California attorney: 516-499-1731.
How an attorney referral works
Call and tell us where things stand. We point you to a licensed California attorney, a source of free help, or both.
Every attorney we refer you to is independent, and none works for us. You would be their client, not ours, and they set their own fees.
Ask, and we will give you the names of attorneys we have worked with. Before you hire anyone, check the attorney’s license and get the fee agreement in writing. The choice is always yours.
California foreclosure mostly happens outside court
Most California home loans use a deed of trust, not a mortgage. It carries a power of sale, letting a trustee (a third party named in the document) sell the property without a lawsuit.
So in most California foreclosures there is no complaint, no summons, and no judge, unless the homeowner brings a case. Court foreclosures exist here but are uncommon. If you are waiting for court papers, they may never come.
The notices that move a California foreclosure forward are recorded public documents. In San Francisco they go to the Assessor-Recorder; any court case goes to the Superior Court of California, County of San Francisco.
Each stage, from default notice to sale
The general shape of a California non-judicial foreclosure, in order.
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Contact before anything is recorded
California generally requires a servicer to try to reach the borrower about alternatives first. Note every call and keep every letter.
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Notice of Default
Recorded with the county recorder and mailed to the borrower. It starts the clock, so look for it first. The period to bring the loan current is commonly three months.
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Notice of Trustee’s Sale
Recorded, mailed, posted on the property, and published at least 20 days before the sale. It names the date, time and place.
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The trustee’s sale
A public auction run by the trustee or a substitute trustee, not by a court.
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After the sale
The trustee issues a deed to the buyer. Whether California’s anti-deficiency rules limit what a lender may pursue depends on the loan.
How long it takes. Usually at least four months from the notice of default to the sale, often longer. Do not plan around the minimum. Go by the dates on your own papers.
Protections under the Homeowner Bill of Rights
California's Homeowner Bill of Rights gives residential borrowers specific protections. In general terms, two are worth knowing.
A single point of contact. The servicer must give the borrower one person or team, not a different voice on every call.
Restrictions on dual tracking. That means moving a foreclosure forward while the servicer is still reviewing a completed application for an alternative.
When to call a California attorney
Call a licensed California attorney now if any of these is true.
- You have a trustee's sale date scheduled.
- You have received a notice of default or notice of trustee's sale.
- You applied to your servicer for an alternative and do not know where it stands.
- You have a title problem, an estate, a divorce, or a co-owner dispute alongside the loan.
- Someone has told you that you have a claim against your lender.
- Someone has asked you to sign over your deed or give anyone a power of attorney.
- You are thinking about bankruptcy.
Not sure? Call us, and we will point you to an attorney.
Other help for California homeowners
The California Housing Finance Agency. It runs and funds free foreclosure counseling for homeowners.
Bar association referral services. Your state and county bar associations run lawyer referral services you can call directly.
Legal aid and legal services organizations. These help people who qualify at no cost, and many handle foreclosures. HUD-approved housing counselors can point you to them.
California regulates foreclosure consultants
California regulates foreclosure consultants under California Civil Code section 2945 and following. Violating that law is a crime. It can carry a fine of up to $10,000 and up to one year in county jail for each violation (Civil Code section 2945.7).
Under Civil Code section 2945.45, a foreclosure consultant must register with the California Department of Justice, hold a current certificate of registration, and maintain a $100,000 surety bond before doing this work in California. Operating without that registration can carry a fine of $1,000 to $25,000 and up to one year in county jail.
California law also says a foreclosure consultant may not take your power of attorney and may not take any interest in your home.
Talk to a person.
Call 516-499-1731, Monday through Friday, 9:00 AM to 6:00 PM. Saturday appointments are available on request. If we are with another client, leave a message with your name, your phone number, and the county your property is in, and we will call you back.
Prime Real Estate Consultants
70 Sunrise Highway, Suite 500, Valley Stream, NY 11581
customerservice@
| Monday to Friday | 9:00 AM to 6:00 PM |
|---|---|
| Saturday | By appointment only |
| Sunday | Closed |
Free help is also available.
You do not have to pay anyone for help with a foreclosure. HUD-approved housing counseling agencies give free counseling nationwide. Call 1-800-569-4287 or visit hud.gov. Many states and counties also run free foreclosure prevention programs. We want you to know about them, whether or not you ever hire us.
If you have a sale date or a court date coming up, call a licensed attorney today.
We are not a law firm.
Prime Real Estate Consultants is a property research and consulting business. We do not practice law or represent anyone, and nothing on this site is legal, tax or financial advice. Contacting us or buying a service does not create an attorney-client relationship.