Right of Redemption
The right of redemption is a borrower's statutory right to reclaim foreclosed property by paying the full amount owed within a set period after a sale — a right that generally does not exist after a California non-judicial trustee's sale.
This is distinct from reinstatement, which happens before a foreclosure sale. Post-sale redemption rights are common in judicial foreclosures in other states, giving a former owner months to buy the property back from the winning bidder.
Because most California foreclosures proceed as non-judicial trustee sales under a deed of trust, there is typically no post-sale right of redemption once the trustee's deed records — a fact that surprises many homeowners who assume they'll have time to reclaim the home after auction. A right of redemption can apply in the rarer case of a judicial foreclosure, often used when a lender wants to pursue a deficiency judgment, governed by Code of Civil Procedure Sections 729.030 and following.
Because post-sale redemption generally isn't available in a typical California trustee sale, the real decision point is everything before the auction — reinstating, modifying, or selling — since waiting for a redemption period after the sale is, in most California cases, not something to count on. Confirm which type of foreclosure applies to your loan with an attorney, since the rules genuinely differ.
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