WHAT COMES BEFORE NOTICE OF DEFAULT?!

Question

I've searched countless threads, called the recorders office, and searched all over google to no avail.

My goal is to find people who are only one month behind on their mortgage here in San Diego county but I'm only able to locate the notice of defaults on the recorders site which are at least 60 days late. I thought that lis pendens was the first part of the foreclosure process but now my understanding is that Lis pendens only pertains to law suits? What documents are filed before notice of default? How do i find people that are only one month behind?

I'm looking for subject to deals.

Allison Meggison · Answer

Thank you Brett and Michael!

So there's no way to find people who have missed one monthly payment here?

Brett Goldsmith · Answer

@Allison Meggison No recorded items before a NOD, but there is a process that takes place prior to NOD's being filed.  Lis Pendens are filed on non judicial foreclosures or show on title for other pending law suits. CA is primarily a judicial foreclosure state, but in some cases you will see non judicial foreclosures used.

Michael S. · Answer

Mortgage servicers cannot refer a loan to foreclosure until they are 120+ days delinquent. This is part of the CFPB mortgage servicing rules.

Allison Meggison · Answer

Thanks Bob! Much appreciated

Bob Okenwa · Answer

There are no documents filed before the notice of default. The first part of the foreclosure process is that the homeowner misses a payment and is informed to pay what they owe plus a penalty amount. The lender/trustee may issue a NOD after the first missed payment and begin foreclosure proceedings from there, but it can also occur after a series of missed payments before this occurs.

You can try contacting title companies or lawyers/trustees offices to find out this information faster than the 60 days in which it takes your county to record it.