Home Foreclosures Set to Rise in California

California, one of the states hardest hit by the foreclosure crisis, is bracing for even more bad news on the home foreclosures front. According to Wall Street Journal article, Foreclosures Set to Soar in California, there is another wave about to hit. This analysis is based on pre-foreclosure notices sent out in the first quarter of this year. The article states:

Pre-foreclosure notices in the state jumped by 80% in the first quarter of 2009 from the previous quarter, . . . a sign that foreclosures in California will rise sharply in the coming months.

Home Foreclosures on the Rise in CA

Home Foreclosures on the Rise in CA


What is Preforeclosure?

In short, pre-foreclosure is akin to a grace period. The homeowner in question is notified that they are in default and that they need to take action to bring their mortgage current. However, the lender is either unable or unwilling — at this time — to proceed with formal foreclosure (eg, eviction).

Pre-foreclosure puts homeowners on notice that they are in the beginning stages of formal foreclosure. However, the time period from when formal foreclosure takes place varies from state to state. Some states allow have a grace period of 30 days; others take as long as six months.

Following is a state-by-state list of approximately how long it takes a lender to foreclose on a homeowner.

State-by-State Timetable of How Long It Takes to Begin Formal Foreclosure Procedures

Alabama: 90 days

Alaska: 120 days

Arkansas: 90 days

Arizona: 90 days

California: 120 days

Colorado: 5 months

Connecticut: 6 months

Delaware: 7 months

District of Columbia (DC): 120 days

Florida: 6 months

Georgia: 90 days

Hawaii: 7 months

Idaho: 8 months

Illinois: 7 months

Indiana: 7 months

Iowa: 7 months

Kansas: 120 days

Kentucky: 7 months

Louisiana: 6 months

Maine: 8 months

Maryland: 5 months

Massachusetts: 5 months

Michigan: 90 days

Minnesota: 120 days

Mississippi: 120 days

Missouri: 90 days

Montana: 6 months

Nebraska: 120 days

Nevada: 120 days

New Hampshire: 90 days

New Jersey: 9 months

New Mexico: 5 months

New York: 10 months

North Carolina: 120 days

North Dakota: 120 days

Ohio: 8 months

Oklahoma: 7 months

Oregon: 5 months

Pennsylvania: 8 months

Rhode Island: : 90 days

South Carolina: 6 months

South Dakota: : 120 days

Tennessee: 90 days

Texas: 60 days

Utah: 5 months

Vermont: 9 months

Virginia: : 120 days

Washington: 5 months

West Virginia: 4 months

Wisconsin: 9 months

Wyoming: 90 days

Following are two things to keep in mind regarding these time frames: (i) in this foreclosure crisis, it’s taking lenders longer to foreclosure in most instances; and (ii) the NOD (formal Notice of Default) is commonly filed 3-4 months after a mortgage holder is delinquent. What this means, in essence, is that you add this time to the timeframes listed above.

Final note: There is a teensy, weensy bright spot in this debacle. While home foreclosures may be set to rise, in the majority of cases it takes at least 90 days for formal foreclosure proceedings to begin. This gives homoewners time to get their financial act together or seek help (eg, modifications, refinancing) where possible.

Copyright © 2009: Foreclosure Business News

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