The California foreclosure process, step by step.
Nearly every California foreclosure is nonjudicial — no court, a trustee, and a statutory clock. That clock is slower and more protective than most homeowners assume. Here is the sequence, the rights attached to each stage, and where the exits are.
- 1
Missed payments Typically 3+ months behind before a lender records a default
Loss-mitigation contact is required before the lender can record a Notice of Default (California Homeowner Bill of Rights).
- 2
Notice of Default (NOD) recorded Day 0
Recorded with the county. You have the right to reinstate by paying the past-due amount plus fees — not the full loan balance.
- 3
Reinstatement period At least 90 days after the NOD
No sale can be scheduled during this window. This is the period to list, negotiate, or pursue a modification.
- 4
Notice of Trustee Sale (NTS) After the 90 days; sale set at least 20 days later (commonly ~21)
Posted and published. Reinstatement right generally continues until 5 business days before the sale date.
- 5
Trustee sale NTS date + 20 or more days
The property is sold at public auction or reverts to the lender. Postponements are common; a sale can also be cancelled if a payoff or reinstatement occurs.
- 6
After the sale Post-sale
Occupants receive notice before any eviction; tenants have additional protections. A deficiency is generally not pursued after a nonjudicial sale on a purchase-money loan.
California nonjudicial foreclosure (Civil Code §§2924–2924l, Homeowner Bill of Rights). Timing is typical, not guaranteed; VERIFY with attorney. Full guide: the California foreclosure process.
Your rights along the way
- Before the NOD: the lender must contact you about loss-mitigation options and wait 30 days (Homeowner Bill of Rights) before recording.
- Reinstatement: you may cure the default — past-due amounts plus fees, not the full balance — until five business days before the sale.
- Dual-tracking ban: while a complete modification application is under review, the lender generally may not proceed to sale.
- Equity purchasers (Civil Code §1695): anyone buying your home while an NOD is recorded must use a compliant written contract, give you a five-business-day cancellation right, and may not take unconscionable advantage.
- Foreclosure consultants (Civil Code §2945): paid "rescue" services must give a written contract and three-day cancellation, may not take a lien on the home, and may not collect fees in advance.
- Tenants: occupants receive notice before eviction and tenants have additional protections after a sale.
Summary only — not legal advice; VERIFY with attorney. Free help: HUD-approved housing counselors, (800) 569-4287.
The exits, in order of how much they preserve
Reinstatement or modification keeps the home. A market listing usually preserves the most equity if there is equity. A short sale, deed-in-lieu, or cash sale resolve negative-equity or no-time situations with less credit damage than a completed sale. The full option menu walks through all seven.
Behind on payments in Riverside County?
You have more time than the letters suggest and more options than the people knocking on your door will mention. Start with the numbers — a cash offer and a listing net sheet, side by side — and a conversation that is not a sales pitch.