The California Foreclosure Timeline, One Deadline at a Time

Before the Notice of Default

For a loan covered by both the federal and the California rule, a notice of default can be recorded only once each has been met. A California attorney can say which rules governed your servicer.

• More than 120 days past due: federal Regulation X (12 CFR 1024.41(f)) generally keeps a servicer from making the first foreclosure notice or filing on a principal residence until the loan is more than 120 days delinquent; in California, that first document is the notice of default.
• Contact plus 30 days: for a first-lien loan on an owner-occupied home of one to four units, the servicer has to reach the borrower in person or by phone, or complete its due-diligence attempts, and then wait 30 days before recording (Civil Code 2923.55, or 2923.5 for the smaller servicers defined in Civil Code 2924.18).
• Within 14 days of asking: a borrower who requests another meeting at that first contact gets one scheduled within 14 days (Civil Code 2923.55(b)(2); 2923.5 for smaller servicers).
• Two weeks of silence: if three phone attempts at different hours and days draw no response within two weeks, the servicer's due diligence ends with a certified letter, return receipt requested (Civil Code 2923.55(f); 2923.5(e) for smaller servicers).
• Any time before the notice of default: anyone, including a relative, counselor or attorney, can record a signed and acknowledged request to receive copies of the notice of default and notice of sale (Civil Code 2924b), and since 2025 servicers must tell borrowers that option exists.

From the Notice of Default to the Notice of Sale

The notice of default's required opening describes this wait as approximately 90 days and tells the owner the property may still be offered for sale if the sale is concluded first. Reinstatement is open during the entire period. Talk with a California attorney about the recording date shown on your notice.

• Recording day: the notice of default goes on record with the recorder in the property's county, which begins the formal, public part of the process (Civil Code 2924(a)(1)).
• Within five business days: on a covered loan, a servicer that offers foreclosure alternatives, other than the smaller servicers, writes to say the borrower may be evaluated and how to apply, unless the borrower already exhausted the modification process (Civil Code 2924.9).
• Within 10 business days: a copy of the recorded notice goes by registered or certified mail to those who recorded requests for notice, and to the borrower at a last known address that differs from the deed of trust (Civil Code 2924b(b)(1)).
• Three months, minimum: notice of sale can't be given until three months have passed, though the notice of sale itself may be recorded up to five days before that (Civil Code 2924(a)).

The Notice of Sale and the Last Weeks Before the Auction

Past the five-business-day mark, the statutory notice says the owner's remaining legal right is paying the entire amount demanded, which the courts' self-help guide says can be done up to the day of the sale. A payoff demand made after the notice of default has to be honored only if it reaches the lender before the notice of sale is first published, and preparing one doesn't change the sale date (Civil Code 2943). A California attorney can map these cutoffs onto your sale date.

• At least 20 days out: the notice of sale is posted on the property and in a public place, recorded with the county recorder, sent by registered or certified mail, and first published, with publication repeating weekly for three calendar weeks (Civil Code 2924f and 2924b(b)(2)).
• Same 20-day window, for occupants: if the mortgage bill goes somewhere other than the property, residents get a posted and mailed notice that the home may be sold in 20 days or more, with a description of renters' rights (Civil Code 2924.8).
• Three months and 20 days after the notice of default: the earliest date the trustee's sale can be held (Civil Code 2924).
• At least 10 days before the first scheduled sale: on a first-lien loan secured by one to four units, the lender gives the trustee a fair market value figure; at the first sale where a bid can be made the property can't sell below 67% of it, and if it doesn't sell, the sale is postponed at least seven days and the property may then go to the highest bidder (Civil Code 2924f(f)).
• Five business days before the sale: reinstatement ends (Civil Code 2924c(e)); the trustee must have the borrower's listing agreement or qualifying purchase agreement in hand for an AB 2424 postponement (Civil Code 2924f(e)); and on covered loans, a complete first-lien modification application must be in by then to bar the sale while it is pending (Civil Code 2923.6).

Postponements and How They Reset the Clock

The required notice to property owners in a notice of sale warns the date may move one or more times and says attending the scheduled sale is the best way to verify postponement information. None of these rules obligates the lender to take an offer. A California attorney can tell you whether a given postponement applies to your sale.

• Listing agreement, 45 days: on a home of one to four units, a listing agreement with a real estate broker holding a California license, for marketing on a publicly available platform, sent by the borrower by certified mail or tracked overnight courier and received at least five business days before the sale, bars the sale until an additional 45 days after its scheduled date; it works once (Civil Code 2924f(e)(1)).
• Purchase agreement, at least 45 days: after that listing postponement, a copy of a bona fide, fully executed purchase agreement received the same way at least five business days ahead moves the sale to at least 45 days after the trustee received it, also once; the price must equal or exceed the unpaid balance of all recorded obligations secured by the property, and the agreement must show the buyer, price, closing date and escrow's acceptance (Civil Code 2924f(e)(3)-(4)).
• Other postponements, 365-day cap: court orders, stays such as a bankruptcy stay, borrower-lender agreements and trustee decisions can postpone the sale, but only up to 365 days in total from the date in the notice of sale; beyond that, a new notice of sale is required (Civil Code 2924g(c)).
• Five business days, again: a postponement longer than five business days, or a new notice of sale, revives reinstatement until five business days before the new date (Civil Code 2924c(e)); a listing postponement recalculates it from the new date too (Civil Code 2924f(e)(2)).
• Announcement and written notice: each postponement is announced publicly at the time and place set for the sale, and on covered loans a postponement of 10 business days or more also requires written notice of the new date within five business days (Civil Code 2924g(d) and 2924(a)(5)).

Auction Day and the Weeks After

CCP 580d bars a deficiency on the note secured by the deed of trust that was foreclosed through a trustee's sale. A California attorney can explain how these post-sale deadlines apply to you.

• Auction: a public sale to the highest bidder, in the county where the property is, between 9 a.m. and 5 p.m. on a business day, Monday through Friday (Civil Code 2924g(a)(1)).
• 15 days, or up to 45: for some homes of one to four units, Civil Code 2924m gives certain eligible bidders, such as qualifying tenants, 15 days or up to 45 days before the sale becomes final, and title stays with the owner until then. AB 1957 changes who qualifies and which sales are covered starting January 1, 2027.
• 30 days, then 30 more: if money is left after the sale, the trustee must notify everyone with a recorded interest within 30 days after executing the trustee's deed, and claims are due within 30 days after that notice (Civil Code 2924j).
• 90 days: no one may contact or solicit an owner about claiming surplus funds from the sale of their residence until 90 days after the trustee's deed is recorded (Civil Code 2924.21).
• Three days, then court: once title is perfected, a new owner seeking possession from a former owner must serve a three-day written notice to quit and go through an eviction case (CCP 1161a).
• 90 days for tenants: a tenant on a month-to-month or other periodic tenancy at the time of the sale must get 90 days' written notice to quit (CCP 1161b).

California Foreclosure Deadlines at a Glance

Postponements, bankruptcy stays and loan-specific rules can change when these steps actually happen; a California attorney can confirm the dates in your case.

Where Selling Fits on This Timeline

The notice of default's required statement says the property may still be put up for sale if that sale is concluded before the foreclosure. We buy houses from owners who are behind on payments, as-is, and our offer is free with no obligation. An accepted offer doesn't push back the sale date on its own, so talk with a California attorney about whether your dates allow a sale.

This is general information about how the process works, not legal or tax advice. Every situation is different — talk with a California attorney (and a tax professional) about yours.