New law extending the foreclosure process by 90 days!



California Foreclosure Prevention Act: Mortgage Lenders foreclosing on certain loans are prohibited from giving a notice of sale until the lapse of at least 3 months plus 90 days after the filing of the notice of default A loan servicer can obtain an exemption from this requirement by demonstrating that it has comprehensive loan modification options.

The goal of the California Foreclosure Prevention Act is to release the pressure on foreclosures and their severely negative consequences. Aiming to provide additional time for lenders to work out a short sale or loan modification with borrowers while also providing incentive for lenders to establish better short sale and loan modification programs.
This bill, which was enacted into law on February 20, 2009 will stay in effect only until January 1, 2011
With the current time-line, a lender who files a notice of default has to wait at least 3 months before giving a notice of sale. The new law extends that 3-month period by an additional 90 days.
Along with that in the preexisting law, foreclosure process would take a minimum of 4 months from the filing of a notice of default until the final trustee’s sale.

Under the new law, that period extended by 90 more days for a total of about 7 months.

Is this positive or negative? How do you think that this will affect the market?

For any help with Property Foreclosure questions contact:

Oliver Graf
Real Estate Expert

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  1. positive...more time for us to get the short sale to work...


  2. It will prolong the agony of the deflating bubble.