Call Shapero Law Firm, your foreclosure lawyer in Los Angeles, at 415-906-6134 today. We can help you evaluate your situation, explore options, and take action to protect your home and rights.
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Understanding the Notice of Trustee Sale is vital when facing foreclosure in California. This document signals that your property is scheduled for public auction due to mortgage delinquency. It’s more than just a notice; it’s a pivotal moment that demands immediate attention. Homeowners in Los Angeles, CA, should recognize that this step occurs only after other foreclosure notifications have been issued and ignored.
A Notice of Trustee Sale (NTS) is a formal, legally mandated notice that alerts both the homeowner and the public that the property will be sold at a public auction to satisfy the unpaid debt. This notice represents a critical step in the foreclosure process, particularly in states that follow non-judicial foreclosure procedures, where the lender can foreclose without court intervention. At Shapero Law Firm, we understand how overwhelming this can feel and are here to help.
A Notice of Trustee Sale is typically issued after a homeowner has failed to resolve default notices or catch up on missed payments. It is a public declaration that the lender intends to sell the property. According to the Los Angeles County Department of Consumer and Business Affairs, “If you don’t pay within 90 days, a Notice of Trustee Sale will be recorded against your property. This Notice tells you the date, time, and place your home will be sold.”
The same notice must be delivered at least 20 days before the scheduled sale. Additionally, the trustee must post the notice on the property itself. This dual notification method ensures that both the homeowner and the public are informed. Homeowners retain the right to bring the mortgage current, including any fees and penalties, up to five business days before the sale. Once inside that five-day window, only paying off the entire loan, including interest and fees, can stop the sale.
To be valid, the Notice of Trustee Sale must include specific legal details. According to California Civil Code §2924f, the notice must contain the trustee’s (or their agent’s) name and California-based street address, a toll-free or local phone number, and the name of the original trustor.
Furthermore, it must describe the property using its street address, assessor’s parcel number, or legal description. It should also list the name and address of the party requesting the sale, often the lender or their representative. They must be provided if directions to the property are requested within 10 days of the notice publication. Even if minor details like the address or beneficiary name are incorrect or omitted, the notice and sale remain legally valid as long as the core information is included.
Timing and delivery are critical when it comes to a Trustee Sale Notice. The document must be mailed to the homeowner at least 20 days before the planned auction date. This window offers the borrower a final opportunity to act.
The trustee is also required to post the notice on the property itself. In addition to receiving the notice in your mailbox, you’ll likely see it physically attached to your home. It is also typically published in a local newspaper to ensure the sale is known publicly. This multi-pronged approach ensures transparency and allows any parties with a legal interest in the property to become informed.
Act immediately. Waiting reduces your options. We encourage swift and informed action as a law firm committed to helping Los Angeles homeowners navigate foreclosure.
Consider taking the following steps:
The worst decision is inaction. The Notice of Trustee Sale is not the beginning of foreclosure; it’s one of the final steps. By the time it arrives, time is running out. But with fast, informed guidance, there may still be paths forward.
If you’ve received a Notice of Trustee Sale, don’t navigate this process alone. The foreclosure timeline in Los Angeles can move quickly, but taking the proper legal steps can make a difference.
Call Shapero Law Firm, your foreclosure lawyer in Los Angeles, at 415-906-6134 today. We can help you evaluate your situation, explore options, and take action to protect your home and rights.
TALK TO AN ATTORNEY TODAY
With over a decade of litigation experience, Attorney Sarah Shapero, founder of Shapero Law Firm, has secured seven-figure jury trial wins and saved countless homes from foreclosure. A Super Lawyer and Lawyer of Distinction, she brings expertise in foreclosure, employment, and bankruptcy law, practicing in California and federal courts.
Trust her proven track record and commitment to delivering powerful legal results.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Sarah Shapero who has more than 10 years of legal experience as a real estate attorney.
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