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The process to foreclosure on you if you are in a Trustee Deed state is 3 months + 21 days. Once you start missing payments technically the bank will consider you in default after (1) 30 day late. At that point many banks can either be extremely aggressive and file a Notice of Default.

For the past 3 years or so. An NOD filing has not usually been the course of action. The banks can make attempts to collect the payments or work something out. But once an NOD is filed then the clock is ticking for you in your house unless you take the steps necessary to resolve the situation. After an NOD is executed, then the bank must wait 90 days before it can proceed with the next step which is the Notice of Trustee Sale. The lender has the wait 90 days after the NOD is Filed to Post a NOTS. Now, once that document is posted then the lender only needs to wait another 21 days to foreclose. If you are in this situation, you'll need to contact a real estate Attorney to help you navigate through this process and help you understand your options.

Foreclosure affects everyone. California is a "Trustee Foreclosure State". The informality of non-judicial foreclosures, futile loan modifications, and the lightning speed of post-foreclosure evictions have created an atmosphere of desperation for the homeowner. Furthermore, the complex legal environment is in flux, plagued with misinformation, and riddled with false silver bullets such as "produce the original Note."

With your sale date fast approaching, it is important for you to know your options:

1) Declare a bankruptcy for the purpose of delaying the sale (of course this costs money)

2) File a civil action and try to get a Temporary Restraining Order.

3) Develop a pro-active foreclosure litigation strategy

4) Challenge/Subpoena the Trustee - Trustee Sale Verification

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