A trustee can sell your home without ever filing a lawsuit. But California wraps that power in the Homeowner Bill of Rights — dual tracking is banned, you get a named point of contact, and you can go to court to stop a sale for a material violation.
Not sure what date to put in? Tell us which paper you were sent and we will work the timeline out backwards from it.
Each is a different statute.
When you first fell behind.
Local pace is the variable.
Past steps fade out.
FHA and VA add steps.
Purchase money cannot produce a deficiency.
The right to reinstate by paying only the arrears runs from the notice of default until five business days before the sale. It is the most valuable thing California gives you.
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Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.
“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.
Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.
Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.
Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

Rights that exist because the property is in California, whatever a servicer tells you on the phone.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.
HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.
Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.
Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a California foreclosure attorney confirm anything that matters before you act.
Short answers, each one sourced to the statute cited on this page.
The statutory minimum is three months plus twenty days from the recording of the notice of default, roughly 109 to 112 days. Counting from the first missed payment, including the federal 120-day rule and the required pre-recording contact, a typical case reaches the sale in about 262 days.
California is a non-judicial foreclosure state. A trustee sells under a power of sale without a lawsuit, though the Homeowner Bill of Rights gives borrowers enforceable protections including a ban on dual tracking and the right to go to court to stop a sale for a material violation.
Yes. Civil Code 2924c lets you cure by paying only the arrears plus permitted fees, rather than the entire accelerated balance, at any time until five business days before the sale.
No. There is no redemption after a non-judicial trustee sale in California. That is the trade for the anti-deficiency rules, which bar a deficiency judgment after any power-of-sale foreclosure.
Ten court days, not five. The deadline changed on 1 January 2025 under AB 2347. Weekends and court holidays do not count.
Last verified: October 18, 2026. Every deadline and citation on this page was checked against California law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.