California Foreclosure Process Explained | Real Estate Attorney
Feb 19, 2026What happens when a California homeowner stops paying the mortgage?
In this evergreen interview from The Kapowich Vault, I sit down with Silicon Valley real estate attorney Rick Gullen to break down the California foreclosure process.
Attorney Gullen explains the timeline, legal notices, and options borrowers have to stop foreclosure before the trustee sale.
What You'll Learn
✓ What is a non-judicial foreclosure (trustee sale)
✓ Notice of default and the 90-day waiting period
✓ Notice of sale and how the auction date is set
✓ Borrowers can cure the loan up to 5 days before sale
✓ How to negotiate a workout agreement with the bank
✓ Why banks do not want to take properties back
✓ What REO (Real Estate Owned) means
✓ Risks of seller carryback loans and second liens
✓ How second-position lenders get wiped out
✓ Why retirees taking back seconds face a serious risk
✓ How to file a notice to protect your junior lien position
⏱️ CHAPTERS
0:00 What is a non-judicial foreclosure
0:31 Notice of default and 90-day period
1:05 Notice of sale sets the auction date
1:12 Borrower can cure up to 5 days before sale
1:44 What should a borrower do
2:10 Negotiating workout agreements with banks
3:08 Why banks hate taking properties back
3:24 REO departments explained
4:01 Seller carryback second loans
5:08 Buying at foreclosure sale in second position
5:29 The hidden risks of seller financing
6:28 When borrowers default on first and second
7:03 Why retirees get wiped out
7:32 Filing notice to protect junior lien position
About Attorney Rick Gullen
Rossi, Hamerslough, Reischl & Chuck
Website: rhrc.net
Questions?
Contact my office or Attorney Rick Gullen directly for foreclosure-related legal matters.
BLOG TAGS
Foreclosure, Trustee Sale, California Real Estate Law, Consumer Protection, The Kapowich Vault, Attorney Interviews
🏠 ABOUT YOUR HOST
Pat Kapowich is a California real estate broker (DRE #00979413) and Certified Real Estate Brokerage Manager (CRB) with decades of Bay Area experience.
📈 STRATEGIC PRICING. SERIOUS PREPARATION. STRONGER SALE RESULTS.
Pat Kapowich has guided home sellers through every type of housing market — the S&L era, the tech boom, the 2008 crash, the pandemic surge, and today’s shifting conditions.
His approach is simple:
Price accurately. Prepare thoroughly. Enter the market correctly the first time — so sellers don’t leave money on the table.
That strategy has produced listings that typically sell in a median:
9 days for single-family homes | 8 days for condos and townhomes
📞 Start with a pricing and preparation consultation: (408) 245-7700
📺 MORE FROM THE KAPOWICH VAULT
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PAT KAPOWICH CAREER-LONG RESULTS
Median days on market: 9 days (single-family) | 8 days (condos/townhomes)
Through every market cycle — S&L crisis, dot-com, 2008, pandemic, and every market in between.
ACCREDITATIONS
Seller Representation: CRS | GRI
Buyer Representation: ABR
Seniors & Probate: SRES | CTP
Brokerage Management: CRB
FOR MARKET CONSULTATIONS
📧 Pat@SiliconValleyBroker.com
🌐 SiliconValleyBroker.com
🎙️ Podcast: Housing Market Savvy
Educational Channel Only. No Agency Implied.
Not sure where to start when preparing your home for sale?
I am Realtor Pat Kapowich, a California real estate broker with decades of experience in the San Francisco Bay Area. Across every imaginable market cycle, I have personally helped homeowners get their properties market-ready, resulting in a median of 9 days on the market for houses and 8 days for condos and townhomes.
This curated list exists because most homeowners are overwhelmed by where to start and often begin too late. These are the exact products I recommend to my own clients to get ahead of the process and protect their sale price. Some links are affiliate links, meaning I may earn a small commission if you purchase through them at no additional cost to you. Your support contributes to the channel and supports delivering straight-talk real estate content that protects home sellers.
- Products I recommend for exterior prep, paint touch-ups, and presentation: geni.us/ExteriorPrepItems
- Products I recommend for deep cleaning, interior paint touch-ups, and listing readiness: geni.us/InteriorPrepItems
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