Posted by chet on January 30, 2005 at 14:58:40:
I was think if the power of sale clause said so, then you should be able to… Maybe I need to talk to a foreclosure company or atty to define the process.
non-judicial foreclosure for non-monetary breach - Posted by chet
Posted by chet on January 27, 2005 at 06:38:07:
If this is a CA specific issues double plus good, but would like to hear other peoples experience as well.
100% of the foreclosure I have looked at have been for non-payment, but there are other breaches that can trigger a default (e.g. lack of insurance, non-payment of taxes, selling a portion w/o the lenders permission (DOS).
Can these defaults still be handled w/ non-judicial foreclosure (i.e. sheriff sale, trustee sale) rather than having to go to court?
non-judicial foreclosure for non-monetary breach - Posted by Bill H
Posted by Bill H on January 30, 2005 at 12:55:09:
Depends on the language in the deed of trust. If the power of sale clause gives the right…they answer is yes.
However most lenders would just put insurance on and charge for it, pay the taxes and charge for them, etc.
Not a common occurence but it can most probalby be done if the deed of trust say so.
Good LUck,
Bill H