Foreclosure in San Jose>Question Details

Teresa Zanel…, Home Buyer in Mission San Jose, Fr...

In Santa Clara county, CA, how long does the previous owner have to buy back a home that has been sold because of preforeclosure?

Asked by Teresa Zanella, Mission San Jose, Fremont, CA Wed Jun 20, 2012

I've heard that the seller has up to 3 years to come up with the money they owed and then the house is their's again. Does that mean the 3 years after we pay for the house and move in we can be forced out?

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No, they do not have up to three years. California is a non-Judicial State. Foreclosure redemption rights info can be found here: http://www.foreclosure.com/statelaw_CA.html#6
And another good site is: http://www.leginfo.ca.gov/calaw.html
The leginfo site is California Law. Check mark the box "Code of Civil Procedure" then input foreclosure in the keyword search box.
2 votes Thank Flag Link Wed Jun 20, 2012
Hi Teresa,

Are you talking about Redemption period for Short Sale (aka Pre-foreclosures) properties? To my knowledge, only Investors who are buying a once owner-occupied Short Sale property need to worry on this. For that, they're required to use a special contract form to make the purchase, and buyer agent must disclose such possible Redemption period (usually 2 years after transaction closed, so from first notice-of-default, this could easily be a 3-year time frame). But if you're buying as owner-occupy, this Redemption shouldn't apply to you.

Since this isn't a frequently touched topic, I hope other agents may add to what I just said. For now, I'm just throwing my 2 cents; hope it help :)

Daniel Shi
dshi@sogorealty.com
1.888.785.8818 ext.100
http://SoGoRealty.com
1 vote Thank Flag Link Wed Jun 20, 2012
Relax you are in good shape....as you are the buyer...the seller has to go through hurdles
0 votes Thank Flag Link Thu Jun 28, 2012
If it was sold through an approved short sale.
Today it takes anywhere from 2 years with 20% down,
4 years with 10% down, 7 years with
0 votes Thank Flag Link Tue Jun 26, 2012
Hi Teresa:

Do you mean Foreclosure or Pre Foreclosure.

A Pre Foreclosure is a Short Sale.

A Foreclosure is a different issue, and one looks at about 1 year if a Judicial Foreclosure
for a previous owner to buy back with very specific circumstances.

But it is quite tough in a rare case that they can, unless they can bring cash to the Table,
as getting a loan after Foreclosure for 5-7 years is quite tough.

Good luck
Perry
0 votes Thank Flag Link Sun Jun 24, 2012
http://www.foreclosurelaw.org/California_Foreclosure_Law.htm

Here is another link for you to review regarding the laws in California. It depends it the Deed of Trust contains a 'power of sale' clause.
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Sun Jun 24, 2012
Teresa,
I am not a lawyer but to my knowledge there is no redemption period in California if the property was sold during the non-judicial foreclosure process. Most "mortgages" in our state are non-judicial unlike a large part of the country which use the judicial foreclosure process in which the courts get involved. Then the typical redemption period is up to 1 year.
Hope this helps.

Anja Kerstens
CDPE, CHS
DRE # 01839597
akerstens.com
0 votes Thank Flag Link Sun Jun 24, 2012
Hi Teresa,

The previous foreclosed owner have less than three years.
Sorry , we are not lawyers but check the website foreclosure.com.

Are you in the market for a home?
Would you like to buy the traditional way and peace of mind?

Please call, if you like to see homes.
Have you been pre qualified by a lender?
Thanks,

Yvonne Han
BROKER ASSOCIATE
SOTHEBY'S INTERNATIONAL REALTY
650-438-0823
DRE#00811389
0 votes Thank Flag Link Wed Jun 20, 2012
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