Non-judicial foreclosure is the most common form of foreclosure in California. This process is used when there is a power of sale clause authorizing the lender, in the event of default, to sell the property to satisfy the loan balance. If the power of sale clause includes the time, place and terms of sale, then that procedure must be followed. If not, the process is as follows:

A Notice of Default is recorded with the county in which the property is located when a borrower fails to make a loan payment. A copy of this Notice is sent by certified mail to the borrower within 10 business days of recording. The borrower has 90 days from the date of recordation to cure the default.

If the borrower fails to cure the default, a Notice of Sale is recorded. This Notice states that the lender or trustee will sell the property at auction in 21 days. This Notice is also sent certified mail to the borrower. It is also published weekly in a newspaper of general circulation in the county for three consecutive weeks prior to the sale date. The notice is also posted on the property, as well as in a public place, usually at the county courthouse.

The Trustee Sale Auction is held as a public auction at the time and place designated in the Notice of Sale, and conducted by the lender's representative. The successful bidder must pay immediately with cash or cashier's checks in the full amount of the bid. The successful bidder receives a trustee's deed on completion of the sale. The lender usually bids in the amount of the balance due plus costs. If no one else bids, the property reverts to the lender.

The borrower has no right of redemption, and deficiency judgments may be pursued in non-judicial foreclosure.  Visit http://www.foreclosures.com/pages/state_laws2.asp?state=ca for more information.

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Association for Tenant Rights: Understanding the Eviction Process

As a tenant it is your responsibility to meet the full obligations of your rental/lease agreement.  To avoid a breech of that contract between you (Tenant) and your Landlord, it is important not violate the terms of that agreement.  In the world of evictions, you should know (in case it ever comes down to it) that there are five types of evictions:

3-Day Notice to Pay Rent or Quite	3-Day Notice to Perform Covenant
3-Day Notice to Quite	30-Day Notice to Terminate Tenancy
60-Day Notice to Terminate Tenancy	Proof of Services of Notice(s) to Tenants

Be aware that a landlord must properly serve the 3-Day notices in order for them to be legal and effective.  The terms "Serve" and "Service" are legally required by law.  On what grounds can a landlord evict a tenant?  If there is evidence that the tenant has purposely damanged property, caused problems with other tenants, violated other provisions of the rental/lease agreement, performed illegal activity on the property, failure to pay rent, then the landlord can, within his rights, serve you a 3-day notice.  However, a 30-day, 60-day, or 90-day written notice can be served.

As a tenant what are my rights?  As a tenant, your rights are to make sure you are living within the provisions of your agreement.  Be aware that any time you move into a rental dwelling, the landlord has to ensure that the place is habitable.  Meaning all amenities said to be included must be included, and any repairs that need to be done should and must be done prior to moving in.  If you move in without ensuring that it is habitable, before the landlord has made necessary repairs, you could be putting yourself in a situation that can create a number of problems.

When you first go to look at a place you are considering renting/leasing, take a good mental note of things that are wrong with the place and point it out to the landlord that if you decide to make this your home, that the noted items are to be fixed/repaired prior to your moving in.  As a general rule, document and photograph everything.  A good landlord will have no problem taking care of the repairs, whereas a slumlord will see there being no problem and will try to argue the point.  At worse, if you move into a place "as is" a landlord can very well say you caused the damages just to get out of doing his job and if you have not documented anything, you could get stuck with the bill.  Beware of slumlords.

If you do move in and you see that there are deficiencies in the dwelling that have not been taken care of prior to your moving in, again take pictures.  And log the date and time you speak to the landlord about the deficiencies (i.e., document everything).  Keep copies of all written correspondences.  This way if for whatever reason you have to go to court, you are armed with enough evidence that any appointed judge will rule in your favor.  However, in order for this to be fully effective, you have to be caught up on your rent.  Then again, with proper evidence, you can withold rent for the lanlord's lack of response to the problems you've brought to his attention.  Check with your legal representative for more information.

You can review a copy of:

CALIFORNIA TENANTS

A Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities

online by clicking on the link provided below: 

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Be sure to save a copy for future reference.