Can You Sell a House in Foreclosure In California?

Selling A House In Foreclosure In California

Facing foreclosure on a property is really stressful, especially if you’re struggling financially because you lost your job, got divorced, faced big medical bills, or had a loved one pass away. Even though it might feel like you’re stuck, you can actually sell your home before it goes up for auction.

Selling a house while it’s in foreclosure is possible, but you need to let the lender and the bank know. In many states, the bank can’t foreclose on a property if there’s a serious offer on the table. You have to show proof of a cash offer and set up the closing as quickly as you can.

There are a lot of benefits in selling your house in foreclosure as opposed to letting the bank sell it in an auction. If you want to learn about this and more, stick with us until the end of this guide!

The Timeline of the Foreclosure Process

To understand how to sell a house during the foreclosure process, we must first talk about the foreclosure timeline. Generally, this process has six phases, according to Forbes.

Phase 1: First Missed Payment

When a homeowner misses a payment, the lender may grant a 15-day grace period. If the homeowner doesn’t pay during this time, they’ll face an extra late fee.
Lenders who are more rigid with their contracts may also report the delay in payment to related credit bureaus. 

Phase 2: Default

Consistently not paying the mortgage could lead to the homeowner being in default. Lenders typically see a homeowner as defaulting if they don’t pay the mortgage for 30 days.
After default, what happens next depends on whether it’s a judicial or non-judicial foreclosure.
In a judicial foreclosure, it goes through the state court system because the mortgage doesn’t have a “power of sale.” In a non-judicial foreclosure, the lender can foreclose without a court order.

Phase 3: Notice of Default or Foreclosure Lawsuit

If the home loan goes into foreclosure without involving the court, the homeowner gets a Notice of Default (NOD) stating the total due, including the mortgage, any overdue fees, and even foreclosure charges. The homeowner then gets 90 days to settle the debt. If they can’t pay, they can negotiate a new repayment plan with the lender. In a judicial foreclosure, the lender files a lawsuit. The homeowner must respond promptly to avoid the judge siding with the lender by default.
After responding, the case proceeds to trial, and the homeowner may seek legal counsel.

Phase 4: Pre-Foreclosure

The time between the issuance of a Notice of Default to the homeowner and the house’s foreclosure auction is called pre-foreclosure.
During this period, the homeowner can pay what is owed or talk to the lender about a possible relief plan or special payment to avoid foreclosure.
If the homeowner doesn’t have enough money to pay or the lender does not approve a new repayment agreement, a good alternative is selling the property. In fact, selling the house during this period is highly recommended.

Phase 5: Notice of Sale

When the property owner doesn’t meet payment obligations in pre-foreclosure, the lender will announce a Sale Notice in the nearby newspaper. The period from Sale Notice to foreclosure auction typically ranges from two to three months, often shorter.
The homeowner can still sell the house during this period, but obviously, time is of the essence to avoid foreclosure.

Phase 6: Eviction from Home

The homeowner will receive an eviction notice upon foreclosure. Normally, all occupants must leave the premises within a short timeframe.
If they decline, the local authorities or sheriff will intervene to enforce eviction and seize their possessions if necessary.

Can You Sell a House in Foreclosure?

Yes. You can sell your home in foreclosure, but unlike selling a typical house, you are bound by time constraints considering the bank wants paid.

Selling a house while facing foreclosure has many advantages, and they are as follows:

• Your credit report won’t have a foreclosure record. Usually, a foreclosure stays on your credit record for seven years. That means you will have difficulty securing loans— a huge problem if you need money for medical procedures, etc.
• You can buy another property sooner. If you have a foreclosure on your credit history, it would be difficult to apply for a new mortgage. Selling your home would help you avoid this and you will secure new housing right away.
• There won’t be any deficiency balance. As mentioned earlier, the bank may ask you to pay for a deficiency balance if the proceeds of the property couldn’t cover the mortgage and other fees. If you sell your home during the foreclosure process, you’ll get enough money to pay the mortgage, especially if you hire a great real estate agent.

Please note that in the event of selling your house amidst foreclosure proceedings, unanimous agreement is essential. This means that if there’s a co-owner, both parties must consent to the decision.

Additionally, it’s necessary to maintain practical expectations when listing your property.

The objective is to settle your outstanding mortgage debt by selling the property. However, if the market value falls significantly short of your debt, you may encounter complications post-sale. This scenario warrants consideration of a short sale, which we’ll delve into later in this piece.

How Much Time Do You Have to Sell Your Home Before Losing it to Foreclosure?

We cannot exactly measure the time you have before you lose your home to foreclosure because it would depend on several factors such as your loan servicer, the type of foreclosure process (whether judicial or non-judicial), and the state’s specific rules. 
However, in most cases, it takes six months to a year to complete the foreclosure process. If you can market and sell your home before auction, you have a higher change of receiving a great offer.

How Long Does it Take to Sell a Home in Foreclosure?

Selling a foreclosed home follows a similar timeline to selling a regular property. In a bustling market, homeowners can sell fast, sometimes within a few months.

Yet, various factors influence the selling timeline, beyond just the local real estate scene. Your property’s condition, its location, the expertise of your real estate agent, and more can all affect the sale.

Here’s what you can expect when working with an agent: determine your home’s market value, set a price, market the property, negotiate offers, and close the deal.

The key difference with a foreclosure sale is informing your lender and providing evidence of an offer to avoid foreclosure delay suspicions.

The Process of Selling a House in Foreclosure

Now that it’s evident you can sidestep foreclosure by selling your house, prioritize directing your efforts into the sale itself. Since the procedure mirrors that of a standard property sale, if you’ve sold a property previously, this should be a smoother process for you.
Here’s what you need to know about selling a house before it is foreclosed.

1. Find Out How Much the Home is Worth

To determine the value of your property, the first thing to do is get an appraisal. If you can’t find an appraiser quickly, many homeowners recommend using online valuation tools or seeking assistance from a knowledgeable real estate agent familiar with the financial side of selling homes.

2. Set an Asking Price

Based on the appraised market value of your property, set an asking price. Note that this is not as easy as setting a price of a typical home.
To begin, to make money, you need to make sure the price of the property covers your outstanding mortgage, interest, and any overdue fees. Additionally, you’ll have to consider expenses related to selling, such as home repairs, staging, agent commissions, and closing costs.
It’s better to set a fair asking price and potentially sell at a loss than to go too high and not sell at all.

3. Notify the Mortgage Lender

4. Find a Real Estate Agent or Sell it by Yourself

After you’ve notified your lender, you can seek the help of a qualified real estate agent or find a buyer by yourself. We recommend finding an agent or working with a cash home buyer since the sale is under time pressure.

5. Get an Offer and Negotiate

When your house is in foreclosure, options for negotiation shrink. With time running out, you’ll head to an auction where you might not get a penny from the sale.
Act fast and contact cash home buyers. Get offers from several trustworthy buyers and compare more than just the price. Look at what they cover, like closing costs, selling as-is, and no additional fees.

6. Let the Lender Know That You Have a Buyer

Once you’ve landed a cash offer, immediately contact your lender to notify them and prevent foreclosure. As stated, foreclosure won’t proceed if there’s a valid bid on the property.
Lenders are open to allowing you to sell your home if you can demonstrate that the sale will clear the mortgage dues and any overdue charges. The bank simply aims to recover their funds and sidestep the auction process, making a cash bid advantageous for all parties involved.

7. Close the Property Deal

Once you’ve informed your mortgage provider, you can finalize the transaction with the purchaser, inform the bank of the home’s sale, and settle your debt.
If you’re lucky to get a lucrative cash offer, you could pocket additional funds for a fresh start. This probability increases when you begin seeking offers immediately.

Challenges When Selling a Home in Foreclosure

Selling a house in foreclosure may be easy for some and hard for others due to several factors. It is crucial that you learn about the potential challenges you might face along the way so you can deal with them without taking much time.

The Owner is No Longer Living

Are you inheriting a property facing foreclosure? This scenario can vary greatly depending on the probate procedures in your area. You may require consultations with several lawyers who specialize in legal issues concerning both foreclosure and probate.

The Home is Tied to a Litigation

If you’re looking to sell a foreclosed house, you may run into issues if it’s involved in legal battles like bankruptcy. Predicting the timeline for bankruptcy proceedings can be tough, delaying the sale. The same goes if the property is tied up as collateral.

The Owner is Selling Alone

Unless you’re a real estate pro, avoid DIY selling. There’s a lot of steps before a sale, and handling it solo under threat of eviction is too much. For a quick sale sans repairs and closing costs, team up with a cash-buying real estate investor.

5 Options Other Than Selling a Home in Foreclosure

If you’re facing financial hardship but don’t prefer selling your home in foreclosure, you actually have a lot of options like a short sale, loan modification, or refinancing. Often, selling is the last resort of homeowners when all the options below aren’t possible, except for short sale.

1. Paying Missed Payments

You can resolve default by paying what’s owed, which includes interest, late fees, and penalties in addition to missed mortgage payments. If you manage to secure funds despite financial difficulties or bankruptcy, you’ll avoid all the inconvenience.

2. Loan Modification

Before considering selling your house to prevent foreclosure, communicate with your mortgage provider about potential loan adjustments. They may extend your loan’s duration, lower the interest rate, postpone some payments, or present alternative solutions to facilitate repayment.
This could delay your eviction, but make sure you submit the loan modification form at least 45 days before the foreclosure auction date.

3. Refinancing Before Foreclosure

If your lender agrees, they could replace your current mortgage with a new loan so you won’t lose your property. However, refinancing must occur before foreclosure.
You can expect changes in the loan structure, which can save you money. The new mortgage may have a lower interest rate and longer term. You may also be allowed to cash out any equity.

4. Get a Deed in Lieu of Foreclosure

Getting a Deed in Lieu of Foreclosure could turn over the ownership of your property to your lender.
This will absolve you of your debt and save your credit score because your property won’t be foreclosed. However, despite not having to make any payments, you would still lose your property.

5. Short Sale

A short sale happens when you sell your house for less than what you owe your lender. It’s permitted when your lender acknowledges that they won’t recoup the full amount because you’re facing financial difficulties, and the property’s market value is lower than your debt. Although the short sale would still impact your credit history, it would help you avoid foreclosure, which has a bigger impact.
If you want to learn more about this, contact an attorney that specializes in the short sale process.

Related Foreclosure Questions

1. Can I Sell My Home in Pre-Foreclosure?

Absolutely. You can still sell your home during pre-foreclosure. In fact, this timeframe is strongly recommended for selling your home as there are still several months before the foreclosure sale. You won’t feel compelled to accept offers below your listed price because you still have the opportunity to consider other offers or engage in negotiations.
However, if your home’s market value is far below what you owe, you can opt for a short sale.

2. Will I Still Owe Money When I Sell My House in a Foreclosure Auction?

Yes. It is possible to owe the lender some more money even after foreclosure and it is called a deficiency judgment. This is if the sale proceeds did not cover the entire mortgage payments, interest, and late fees. 
Depending on the jurisdiction, the lender might pursue legal action to recoup the shortfall. Nonetheless, many lenders refrain from litigation due to the expenses involved.
Should litigation occur and the shortfall remain unpaid, the lender may place a lien on your properties, pursue wage garnishment, or freeze your bank assets.
To mitigate these risks, you can negotiate a repayment plan with the lender or consider filing for bankruptcy. We advise consulting a real estate attorney to navigate your financial circumstances wisely.

3. Can I Sell My Home in Foreclosure to Cash Home Buyers?

Key Takeaways: Can You Sell a House
in Foreclosure in California?

You can sell your house even if it’s in foreclosure, but it’s trickier than selling a regular property because there’s a tight deadline.
Once you get a Notice of Default, act fast, especially if you’re facing bankruptcy and can’t pay what you owe the bank.
Find a real estate agent who knows their stuff and give them a ring—this ups your chances of getting a good cash offer. Don’t wait until the foreclosure auction is looming to look for buyers.
If the auction date is creeping up and you’re short on time, get in touch with us at JiT Home Buyers. We have helped many homeowners avoid foreclosure right before auction by offering cash for their house (our offers are free). Fill out the form below or call us at (510) 473-5885.

The Easiest Way To Sell Your House Fast In California

You’re in the driver’s seat when you accept our cash offer for your house. We make the process simple, fast, and easy to follow when working with us. You have no obligation to accept our cash offer for your home when contacting us for a fair cash offer for your home. No matter the reason you want to sell your house, we want to buy your home as is. Remember that you get many benefits that include no real estate agent commissions, no cleaning, no improvements, and no stress. Our cash offer for your as-is house assures you of fast cash payment at closing with a reputable Title company. You can count on our company to give you a fair cash offer for your home! If you’re still thinking, “I need to sell my house fast”, calling us could be your best decision all day. 🙂

The Easiest Way To Sell Your House Fast In California

You’re in the driver’s seat when you accept our cash offer for your house. We make the process simple, fast, and easy to follow when working with us. You have no obligation to accept our cash offer for your home when contacting us for a fair cash offer for your home. No matter the reason you want to sell your house, we want to buy your home as is. Remember that you get many benefits that include no real estate agent commissions, no cleaning, no improvements, and no stress. Our cash offer for your as-is house assures you of fast cash payment at closing with a reputable Title company. You can count on our company to give you a fair cash offer for your home! If you’re still thinking, “I need to sell my house fast”, calling us could be your best decision all day. 🙂