Sheriff Vs Trustee Sale in CA. What's the difference?

Question

What's the difference between a Sheriff's Sale Under Foreclosure, and a Trustee Sale, in California?

In a Sheriff's Sale, do I have to watch out for second liens the way I do in a Trustee Sale?

So I saw a public notice for a Sheriff's Sale, persumably for non payment of HOA fees. It's listed in a different section than the numerous Trustee Sales.

As far as I can tell, the Sheriff's sale is a Judicial foreclosure, whereas the Trustee Sale is Nonjudicial.

Can someone confirm if this is in fact the case, and spell out the implications?

With a Trustee Sale, if I bid on a Second Lien, I will still owe money to the First Lien. Are there similar gotchas in a Sheriff Sale?

Thank you all in advance.

Don Konipol · Answer

Here are California foreclosure proceeding you might find of interest.
          
          Conveyance is by grant deed. Deeds of trust with private power of sale are the security instruments used throughout the state. Foreclosure requires a three month waiting period after the recording of the notice of default. After the waiting period, the notice of sale is published each week for three consecutive weeks. The borrower may reinstate the loan at any time prior to five business days before the foreclosure sale. All in all, the procedure takes about four months.
          
          California is a community property state.
          - Judicial Foreclosure Available: Yes
          - Non-Judicial Foreclosure Available: Yes
          - Primary Security Instruments: Deed of Trust, Mortgage
          - Timeline: Typically 120 days
          - Right of Redemption: Varies
          - Deficiency Judgments Allowed: Varies
          
          In California, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.
          
          Judicial Foreclosure
          The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally,
          after the court declares a foreclosure, your home will be auctioned off to the highest bidder.
          Using this type of foreclosure process, lenders may seek a deficiency judgment and under certain circumstances, the borrower may have up to one (1) year to redeem the property.
          
          Non-Judicial Foreclosure
          The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the
          borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as
          the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".
          
          Power of Sale Foreclosure Guidelines
          If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and
          terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:
          A notice of sale must be: 1) recorded in the county where the property is located at least fourteen (14) days prior to the sale; 2) mailed by certified, return receipt requested, to the borrower at least twenty (20) days before the sale; 3) posted on the property itself at least twenty (20) days before the sale; and 4) posted in one (1) public place in the county where the property is to be sold.
          The notice of sale must contain the time and location of the foreclosure sale, as well as the property address, the trustee's name, address and phone number and a statement that the property will be sold at auction.
          The borrower has up until five days before the foreclosure sale to cure the default and stop the process. The sale may be held on any business day between the hours of 9:00 am and 5:00 pm and must take place at the location specified in the notice of sale. The trustee may require proof of the bidderâ€™s ability to pay their full bid amount. Anyone may bid at the sale, which must be made at public auction to the highest bidder. If necessary, the sale may be postponed by
          announcement at the time and location of the original foreclosure sale.
          Lenders may not seek a deficiency judgment after a non-judicial foreclosure sale and the borrower has no rights of redemption.