Research & Insights

Research & Insights

The rules, deadlines and risks, set out clearly. What follows is general educational information, not legal or investment advice.

Latest

Latest research

01ProcessFull paper forthcoming

California’s foreclosure process and timeline

The great majority of residential foreclosures in California are non-judicial: they do not go through the courts, but are carried out by a trustee following the deed of trust and the steps set out in the California Civil Code.

The usual sequence: the lender records a Notice of Default; a waiting period of at least roughly three months follows; a Notice of Trustee’s Sale is then recorded and published, with the sale generally set at least about 20 days later; and the property is sold at public auction. Each step leaves a public record — which is exactly what our data platform tracks. Sale dates are frequently postponed, so the date shown is not necessarily final.

02RiskFull paper forthcoming

The risks of junior-lien auctions

A single property can carry both a first- and a second-position loan. When the loan being foreclosed is the second, the opening bid is often very low — and that is precisely where the risk lies.

A junior-lien foreclosure generally does not extinguish the senior loan. The buyer takes title still subject to the first-position loan, and if it is not addressed, that lender can foreclose separately. The right measure of a property is therefore not the winning bid, but the winning bid plus every debt that remains attached to the property. Confirming lien priority before the sale is the most basic step of all.

03RegulationFull paper forthcoming

AB 1957 and the 45-day post-sale rule

In California, the highest bidder at the auction is not necessarily the final buyer.

Under SB 1079 and subsequent amendments, including AB 1957, certain eligible bidders on one-to-four-unit residential properties — such as tenants, prospective owner-occupants and qualified nonprofits — may give notice of intent and submit a higher bid within a set period after the sale (up to 45 days), displacing the highest bidder at auction. Winning the auction is therefore followed by a period of uncertainty that financing and any subsequent plans must allow for.

Risk Statement

Foreclosure risk notice

Before taking part in any foreclosure sale, please read the five principal risks in full.

Read the risk notice