Who can sign?
Ask the title company to check the recorded deed and any trust, estate, or court papers for this property and confirm who needs to sign. If ownership or signing authority is disputed or unclear, ask a California attorney before relying on a closing date.
California documentary transfer tax
Counties charge $0.55 for each $500 of value, or fraction of $500—$1.10 per $1,000. It applies when consideration is over $100, excluding a lien or loan that stays on the property. A city may collect half of the county rate as its own share, credited against the county tax, so the combined rate usually stays at $1.10 per $1,000. Some cities add a larger tax on top. The county recorder collects the tax when the deed is recorded; the purchase agreement can allocate it between buyer and seller. Exemptions may apply. Have escrow or the title company confirm the property's county, any city tax, and taxable amount.
When you sell to us, we pay the closing costs, including the county documentary transfer tax and any city transfer tax. Your mortgage balance, liens, back taxes, and share of current property taxes remain separate.
California Revenue and Taxation Code § 11911 · California Revenue and Taxation Code § 11931
If a trustee's sale is scheduled
California home loans commonly use a deed of trust, so most foreclosures happen without a lawsuit. The trustee named in the deed of trust records a notice of default. After a 90-day period to catch up, a notice of sale can follow; it must be posted, published, and recorded at least 20 days before the sale. The public auction is called a trustee's sale.
You can usually reinstate the loan by catching up until five business days before the sale, or pay it off up to the sale itself. There is no right to reclaim the house after a nonjudicial trustee's sale. The trustee may postpone a sale at the lender's instruction or by agreement. For one- to four-unit homes, state law also allows limited 45-day postponements tied to a broker listing and a qualifying purchase agreement. Ask the trustee, title company, or an attorney to confirm the notice, payoff, and current sale date. If a trustee's sale is scheduled, tell us the date right away so we can try to close before it.
California Courts: rights in a nonjudicial foreclosure · California Civil Code § 2924c, reinstatement · California Civil Code § 2924f, sale notices · California Civil Code § 2924g, trustee's sale and postponement · California Department of Real Estate foreclosure guide
Read the Modesto foreclosure guide for more local resources.