Your Independent Foreclosure Specialist
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How to Start a Foreclosure

Note: If the property secured by the Deed of Trust is a 1–4 family residential property occupied by the Borrower as their principal residence, and your loan recorded between January 1, 2003 and December 31, 2007, you must first comply with the provisions of California Civil Code 2923.5. A synopsis of this section can be found at the end of this page. You can find a compliance declaration on our Client Forms page.

If your loan is a First Deed of Trust recorded within the above time period on an owner occupied residential property, and you have not obtained an exemption from the State of California, you may file your Notice of Default after complying with California Civil Code Section 2923.5, but must wait an additional 90 days before we can commence publication of your Notice of Trustee’s Sale.

In order to start a foreclosure, you must first furnish our office the following items:

  1. Copies of the Note and Deed of Trust, as well as copies of any Assignments of Deed of Trust or Extension or Modification Agreements pertaining to the Note.

  2. The unpaid principal balance of the Note and the date interest is paid to.

  3. The date and amount of any advances you have made to protect your security. This may be to pay a senior Lienholder, to pay property taxes, to pay insurance premiums, etc.

  4. The name of, and any addresses you have for the Borrower or the present owner of the trust property.

  5. Deposit of our fees for the first 3 months of the proceedings. This amount may be obtained by viewing the “Estimate of Fees” column for the current unpaid principal amount under the “Reinstatement Period” heading on our Schedule of Fees and Estimated Charges.

Please visit Client Forms page and print our Transmittal Letter. Completion this form will supply the information requested in items 2, 3, and 4 above.

The copies of the documents and other information may be delivered to our office in-person or via fax, e-mail, or regular mail.

If you have any questions, please do not hesitate to contact our office.

California Civil Code §2923.5 and §2924.15 (click to expand)