This page gathers references to local, state, and federal law regarding foreclosures and related auctions and evictions, as well as strategies and protests to halt foreclosures.
| San Francisco Foreclosure Laws | California Foreclosure Laws | U.S. Foreclosure Laws | Other Related Laws |
San Francisco Foreclosure Laws
- Foreclosure Moratorium Resolution (passed unanimously by San Francisco Board of Supervisors)
- Tax Exemption for Foreclosures: San Francisco Business and Tax Regulations Code Article 12-C, Section 1108.2
- Business Registration: San Francisco Business and Tax Regulations Code Articles 12 and 12-A and San Francisco Business and Tax Registration Information and Forms
California Foreclosure Laws
- Foreclosure Auctions: California Civil Code Section 2924g through California Civil Code Section 2924k
- Auctioneer and Auction Companies: California Civil Code Title 2.95, Sections 1812.600 – 1812.609
- Auction Bond: California Civil Code Section 1812.600
- Mortgages: California Civil Code Section 2920 through California Civil Code Section 2944.7
- Default: California
- Civil Code Chapter 6, Sections 9601 – 9629
- California Civil Code 2924: foreclosure
- 2932, 2936: substitution of trustees, assignments
- (Nevada changed law for filing false documents with person signing getting felony penalty)
- California Code of Civil Procedure 1161 for tenants
- California Code of Civil Procedure 1161A for homeowners
- California gives very few rights on unlawful detainers
- California 827: 60-day notice law for tenants if in possession over a year
- California 2936: right to the security
- Constitution 4th amendment: protection from seizure without oath or affidavit (people may sign away rights to real property)
U.S. Foreclosure Laws
- Protecting Tenants at Foreclosure Act (terminates December 31, 2012, unless renewed)
- Real Estate Settlement Procedures Act (RESPA): United States Code Title 12, Chapter 27, Section 2601-2617 plus Amendments
- United States Code 2605(e): Qualified Written Request
- Truth in Lending Act including Regulation Z (applies when new buyer)
- U.S. Bankruptcy Code (stops all foreclosure and other actions once in bankruptcy, lenders misappropriating trustee funds, trustee represents unsecured creditors, trustee works for Department of Justice)