Who Performs Foreclosures?
In California, the party that pursues a foreclosure varies based on the type of loan. In deed of trust arrangements, the trustee represent the lender and perform the foreclosure on the lender's behalf. Mortgage loans without a deed of trust arrangement leave the lender responsible for pursuing a foreclosure by filing a motion in court. These judicial foreclosures may result in the court allowing the lender to recover and sell the property directly.
