Balancing the Scales of Justice for Pro Se Homeowners

Non Judicial Process

Non Judicial Process

Non Judicial Process_Corrected 2012


When a homeowner purchases their home they usually receive some form of "Deed" that grants them ownership interest in the property.  If the owner used financing to purchase the property or as collateral for a loan, a "Deed of Trust" or "Mortgage" was signed. 

In most nonjudicial states the Deed of Trust (DOT) or Mortgage contain a "power of sale" clause.  This power of sale allows the beneficiary of the DOT or Mortgage to declare a default and order the Trustee Sale.  The Trustee Sale is then conducted by the "Trustee" of the deed of trust.  The above flow chart shows a standard "Non judicial" process in California.  To learn more about what YOUR state laws and foreclosure process looks like, please go to

To understand what the documents look like and mean (or instruments as they are referred to) go to Examining Documents.


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