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Foreclosure/Title has a BOE lien bank trying to FCL what's sellers rights after FCL


I've worked endlessly to get a FCL postponed with both PNC and directly trying to get help from Freddie Mac, but it's not looking like they will postpone for our clients.

For my knowledge what are the sellers rights after a house is FCL'd upon in the City of Oakland, CA. They have different eviction laws than other cities in the Bay Area and I can't seem to find a answer that is valid.

Also, with the lien on the Title, can the property be sold at Auction or will the bank have to take it back, get the lien released and then sell?

Thank you

Hi Uilani,

To be honest with you, I don't know what the foreclosure laws specifically are in Oakland, CA. If you want to know the process of what is going to happen with the sellers after the foreclosure takes place then you need to go find a good bank owned listing agent in your area and they will tell you. They are the ones that handle the evictions and/or cash for keys.

As far as any liens on title, they get wiped out at the foreclosure auction. Anybody can buy it at auction free of liens assuming that the person is buying it is giving the PNC what their minimum bid is. If no one bids that high then the bank will take it back and sell it as an reo.

Hope that helps.



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Brian Pitcher


I can answer all questions in regards to short sales, strategic default, foreclosures, loan modifications, and most questions regarding real estate law.


I have closed well over 100 short sales in the past 3 years and that is the work we primarily do. We teach people how to keep their home if they can or how to bail on it in the best possible way without any recourse. I have taught many public seminars to accountants, loan mod counselors, attorney's and also many other real estate agents all over the country. I also know how to deal with the very tough second mortgages in the negotiations as well as mechanic liens and default judgements.

I have a bachelors in Spanish with a minor in Economics from the University of Utah. I have also been a Realtor for 8 years closing well over 200 transactions. I am a KW instructor for Short Sales and Foreclosures.

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