You're not alone in this
California is generally a nonjudicial foreclosure state, meaning a lender may be able to proceed without a court process — though judicial foreclosure is also possible and individual situations vary. The timeline and your options depend on your loan, your servicer, and your circumstances.
Foreclosure deadlines matter. The sooner you understand your timeline, the more choices you may have. Acting promptly — and speaking with your servicer, a HUD-approved housing counselor, or an attorney — is important when a sale date is near.
Common situations homeowners face
- You've missed one or more mortgage payments
- You received a Notice of Default or Notice of Trustee's Sale
- A trustee's sale or auction date has been scheduled
- You're struggling to reach your mortgage servicer
- You're weighing whether to keep the home or sell
Potential options and considerations
Work with your mortgage servicer
Contact your servicer about loss mitigation — forbearance, a loan modification, or a repayment plan. The right option depends on your loan type and circumstances.
HUD-approved housing counseling
A HUD-approved housing counselor can review your situation and help you understand available programs, often at no cost or low cost.
Refinance, where available
If your credit and equity allow, refinancing may be an option — but it's not available to everyone, especially once payments have been missed.
Consider a sale
Selling the home — including a direct investor purchase — may help you avoid a completed foreclosure and preserve remaining equity, if any.
How Homestead may help
- Discuss your property situation and timeline in a confidential conversation
- Help you identify relevant options, including those that don't involve selling to us
- If a direct purchase makes sense, explore an as-is offer with a clear timeline
- Connect you with relevant resources or professionals when another path fits better
What a direct property sale involves before a foreclosure date
- We review the property's condition, payoff amount, and time remaining before any scheduled trustee sale.
- If appropriate, we can discuss a direct purchase offer that accounts for existing loan payoffs, liens, and closing costs.
- A direct sale allows you to bypass public open houses, retail inspection renegotiations, and lender financing contingencies.
- Closing is coordinated through a licensed, neutral California title and escrow company.
- Remaining net equity, if any, is disbursed directly to you at the escrow closing table.
Key California Foreclosure Rights & Timelines
- Nonjudicial foreclosure is the standard path in California, meaning court hearings are generally not required.
- Notice of Default (NOD): The servicer or trustee must record an NOD, providing at least 90 days before an auction can be scheduled.
- Notice of Trustee's Sale (NOTS): After the 90-day NOD period, an NOTS can be recorded and published, setting a sale date at least 21 days out.
- Right to Reinstate: California law generally allows homeowners to cure the default up to 5 business days before the scheduled sale date.
- Homeowner Bill of Rights (HBOR): Prohibits 'dual tracking' — servicers cannot proceed with foreclosure while a complete first-lien loss-mitigation application is under review.
A clearer path forward
Every conversation starts with understanding your situation — no pressure, no judgment, and no obligation.
Tell Us What's Going On
Share your situation through a simple form or a conversation. No paperwork to gather first.
Let's Talk About Your Options
Our team discusses the property, your priorities, and possible next steps — including options that may not involve selling to us.
Choose What's Right for You
No high-pressure tactics. You decide what makes sense for you and your family. If a direct sale fits, we can explore an offer; otherwise, we help point you toward the right resources.
Facing Foreclosure — Frequently Asked Questions
Where to learn more
Authoritative, independent resources we often point homeowners toward.
Important disclosures
Homestead Solutions USA is a for-profit real estate investment company, not a law firm, government agency, or mortgage servicer. We do not provide legal representation, lender approvals, or guaranteed foreclosure prevention. This page is educational and not legal, tax, or financial advice.
Understanding the California Nonjudicial Foreclosure Timeline
Knowledge replaces panic with clarity. California has robust homeowner protection laws, and understanding the stages helps you take informed, timely action.
Under federal CFPB rules, a mortgage servicer generally cannot record a formal Notice of Default until you are at least 120 days delinquent. Under California's Homeowner Bill of Rights (HBOR), the servicer must attempt contact at least 30 days before recording an NOD to explore loss mitigation.
The trustee or servicer officially records a Notice of Default with the county recorder. California law grants a mandatory 90-day statutory period for the homeowner to cure the default (reinstatement).
After the 90-day NOD period expires, the trustee records and publishes a Notice of Trustee's Sale, setting an auction date at least 21 days in the future. The notice must be posted on the property and published publicly.
Under California Civil Code § 2924c, homeowners generally have the right to reinstate the loan by paying all past-due amounts and allowable fees up to 5 business days before the scheduled trustee sale date.
The property is auctioned to the highest bidder at the county courthouse steps. If no third party bids higher than the lender's opening credit bid, the property reverts to the lender as REO (Real Estate Owned).
Key Foreclosure Topics Explained
What a Notice of Default Means
An NOD is the formal public declaration that your lender has initiated nonjudicial foreclosure. It is not an immediate eviction. You have a 90-day statutory window to reinstate, modify, or explore selling.
Notice of Trustee's Sale
This sets the actual auction date, time, and location. It must be published at least 21 days before the sale. Time is of the essence, but you still have legal rights and potential solutions.
Communicating with Mortgage Servicers
Don't avoid the phone. Ask for the 'Loss Mitigation' department. Under California's Homeowner Bill of Rights, you are entitled to a single point of contact (SPOC) and protection against dual tracking.
Loan Modifications & Forbearance
A loan modification changes terms permanently (rate, term extension, principal forbearance). Forbearance pauses or reduces payments temporarily during a short-term hardship.
Selling Before Foreclosure & Protecting Equity
If your home has positive equity, selling before the auction date allows you to pay off the mortgage and keep the remaining cash proceeds. A completed auction wipes out homeowner equity.
Bankruptcy & Legal Counsel
Filing Chapter 7 or Chapter 13 triggers an 'Automatic Stay' that temporarily pauses a foreclosure sale. This requires qualified legal counsel and carries serious long-term credit implications.
Free & Low-Cost Guidance From Certified Counselors
The U.S. Department of Housing and Urban Development (HUD) sponsors housing counseling agencies nationwide. Counselors provide free, objective advice on defaults, foreclosures, and budgeting. Call (800) 569-4287 or visit hud.gov.