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12
Jul

Foreclosure Misinformation

From the L.A. Times
If nothing else, filing for bankruptcy protection will buy you some breathing room, which is particularly important in “non-judicial” states where the clock on foreclosure starts as soon as your lender posts a notice that it intends to accelerate your note.

In “judicial” states like California, the process of repossessing a house can take as much as six months, “so you can really see it coming,” said Reed Allmand, partner at Allmand & Lee and author of “The Truth About Bankruptcy.” But in Texas, a non-judicial state, the clock runs out in 30 days. So “once you are notified,” the Dallas attorney said, “it’s very difficult to negotiate a deal with your lender because there is not enough time.”

Bankruptcy is certainly an option for distressed homeowners and the article does have enough information to be considered useful, but what is with the statement that California is a judicial foreclosure state?  Judicial foreclosure is possible in California but it isn’t practical in most cases.  The vast majority of foreclosure proceedings in California are non-judicial and known as trustee sales.  Information is good, especially when it relates to foreclosure which many people aren’t very familiar with.  Bad information, which the Times has published, does everyone a disservice.

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