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Creditor-Side Foreclosure Counsel Across Five States

Nemovi Law Group represents lenders, mortgage servicers, investors, and government agencies in non-judicial foreclosure proceedings across California, Nevada, Arizona, Washington, and Texas. Our foreclosure practice is built around the needs of creditors managing default portfolios at scale — standardized processes, jurisdiction-specific compliance, and direct attorney oversight from referral through trustee sale or resolution. We do not represent borrowers or homeowners in foreclosure defense matters.

Non-judicial foreclosure timelines and procedural requirements vary significantly by state. California's nonjudicial process under Civil Code §2924 differs materially from Nevada's requirements under NRS Chapter 107, Arizona's deed of trust statutes, Washington's Deed of Trust Act, and Texas's non-judicial process under Property Code §51. A procedural defect at any stage — defective notice, improper beneficiary identification, violation of postponement rules — can invalidate a sale and expose the lender to litigation. We know these statutes and execute against them consistently.

For institutional clients and government entities with high-volume default portfolios, we provide scalable, repeatable foreclosure services with the documentation standards and compliance infrastructure that institutional and government clients require from outside counsel.


What We Handle

Non-Judicial Foreclosure (All 5 States)

Full-cycle non-judicial foreclosure from referral and notice of default through trustee sale — in California, Nevada, Arizona, Washington, and Texas.

Notice of Default & Notice of Sale

Drafting, recording, and publication of all required notices in compliance with state-specific timing and content requirements.

Trustee Sale Management

Coordination and conduct of trustee sales including bidding instruction implementation, postponements, and post-sale documentation.

Government Agency Representation

Representation of federal and quasi-government entities in foreclosure proceedings on government-held or government-insured loans.

Beneficiary Substitution & Appointment

Preparation and recording of substitutions of trustee and appointments of successor trustee in connection with servicing transfers and foreclosure referrals.

Foreclosure Compliance Review

Pre-referral review of loan files for compliance with CFPB loss mitigation requirements, state foreclosure prevention statutes, and investor guidelines.

Workout & Forbearance Support

Documentation of loan modifications, forbearance agreements, repayment plans, and short sale approvals in connection with foreclosure alternatives.

Post-Sale Matters

Trustee's deed upon sale preparation and recording, surplus funds analysis, and coordination of post-sale occupancy resolution.


Jurisdiction Matters

Non-judicial foreclosure timelines and requirements differ materially by state. The following provides a high-level overview. Specific timelines depend on loan type, property type, and applicable federal requirements.

CA California

Non-judicial process under Civil Code §2924. Minimum 111 days from NOD to sale (longer in many cases). Subject to HBOR requirements for owner-occupied residential properties and servicer loss mitigation obligations.

NV Nevada

Non-judicial process under NRS Chapter 107. Notice of default followed by a waiting period and notice of sale. Nevada imposes specific mediation requirements for owner-occupied residential properties.

AZ Arizona

Non-judicial process under A.R.S. §33-807 et seq. Generally a 90-day process from notice of trustee's sale. Arizona does not have a statutory right of redemption following a trustee's sale.

WA Washington

Non-judicial process under the Deed of Trust Act (RCW 61.24). Notice of default followed by a 190-day minimum timeline to sale. Mediation required for certain owner-occupied properties.

TX Texas

Non-judicial process under Property Code §51. Notice of acceleration and notice of sale required. Sales conducted on the first Tuesday of the month at the county courthouse. Texas allows one of the fastest non-judicial timelines in the country — typically 60 days or less from notice of sale to sale date.


The Work We Do

The following represent the types of matters we regularly handle. No client names or confidential information is disclosed.


Foreclosure FAQ

What is the difference between judicial and non-judicial foreclosure?
Judicial foreclosure requires the lender to file a lawsuit, obtain a court judgment, and proceed through the judicial process to obtain a sale. Non-judicial foreclosure allows the lender or trustee to proceed to sale without court involvement, following a statutory notice and waiting period. All five states where we practice — California, Nevada, Arizona, Washington, and Texas — permit non-judicial foreclosure when the deed of trust contains a power of sale clause. Non-judicial foreclosure is faster and less costly than judicial foreclosure, but it requires strict procedural compliance to withstand post-sale challenge.
What triggers the right to foreclose?
A monetary default (missed payments) is the most common trigger. However, deeds of trust also typically contain non-monetary default provisions — including failure to maintain insurance, failure to pay property taxes, waste, unauthorized transfer (due-on-sale clause violation), and bankruptcy filing. The loan documents and applicable state law govern what constitutes a default and what notice is required before the lender may accelerate and proceed to foreclosure.
What are the most common procedural defects that invalidate a foreclosure sale?
The most frequently litigated defects include: defective or untimely notice of default or notice of sale, failure to properly identify the beneficiary or trustee, improper publication of notice, failure to conduct a proper loss mitigation review for residential loans subject to HBOR or CFPB requirements, and improper postponement or re-scheduling of the sale. Post-sale challenges are expensive and often result in voiding or rescinding the trustee's deed. Procedural compliance at every stage is not optional.
Do you represent borrowers or only lenders?
We represent only the creditor side — lenders, servicers, investors, and government agencies. We do not represent borrowers, homeowners, or defendants in foreclosure defense matters. If you are a borrower seeking foreclosure assistance, we are not the right firm for your matter.
How does CFPB loss mitigation regulation affect foreclosure timelines?
Regulation X (12 C.F.R. Part 1024) imposes significant restrictions on foreclosure initiation and continuation for servicers handling federally related mortgage loans. A servicer generally cannot make the first notice or filing for foreclosure until a borrower is more than 120 days delinquent. Dual tracking — simultaneously pursuing foreclosure while a loss mitigation application is pending — is prohibited in many circumstances. These requirements add time to the foreclosure process and require careful file management at the referral stage.
Can foreclosure proceed while the borrower is in bankruptcy?
The automatic stay imposed upon a bankruptcy filing immediately halts foreclosure proceedings. A secured creditor must either wait for the stay to be lifted or terminated, or seek relief from the automatic stay in bankruptcy court. We handle stay relief motions as part of our creditor-side bankruptcy practice and coordinate closely between our foreclosure and bankruptcy teams to minimize timeline disruption when a borrower files during an active foreclosure.

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Across Multiple States?

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