If you've fallen behind on your mortgage, the most important thing to know is this: you are not alone, and you likely still have options. Foreclosure is a process with defined stages and legal protections — not an overnight event. Understanding the timeline gives you the time and clarity to make informed decisions about your home and your family's future.
California is generally a nonjudicial foreclosure state
Most California home loans are secured by a deed of trust, which allows a trustee to conduct a nonjudicial foreclosure outside of court. This process is governed by California Civil Code § 2924 and following sections. Judicial foreclosure — through the courts — is also possible but less common for standard residential loans. Every situation is different, and the specific terms of your loan and the stage of the process affect what options remain available.
The basic California foreclosure timeline
- Missed payments: After a missed payment, your servicer must follow federal CFPB rules (Regulation X) and generally cannot record a Notice of Default until you are at least 120 days delinquent.
- Notice of Default (NOD): The trustee records the NOD with the county. California law provides a 90-day reinstatement period during which you can cure the default by paying past-due amounts plus allowable fees.
- Notice of Trustee's Sale (NOTS): After the 90-day period, the trustee records and publishes a Notice of Trustee's Sale, setting an auction date at least 21 days out.
- Reinstatement deadline: Under California Civil Code § 2924c, you generally have the right to reinstate the loan up to 5 business days before the scheduled sale date.
- Trustee's sale: The property is auctioned. If no third party bids higher than the lender's opening credit bid, the property becomes Real Estate Owned (REO) by the lender.
Options that may still be available
Depending on where you are in the process, options may include working directly with your mortgage servicer on a loan modification or repayment plan, requesting a forbearance during a temporary hardship, reinstating the loan, or selling the property before the auction to preserve any remaining equity. Some homeowners also explore bankruptcy, which triggers an automatic stay that temporarily pauses a foreclosure sale — but this carries serious long-term consequences and requires qualified legal counsel.
Your right to a single point of contact
Under California's Homeowner Bill of Rights, you are entitled to a single point of contact (SPOC) at your servicer and protection against dual tracking — meaning the servicer generally cannot move forward with a foreclosure sale while a complete loss-mitigation application is under review. Don't avoid the phone. Ask for the loss-mitigation department and keep records of every conversation.
Free help is available
You don't have to pay for foreclosure help. HUD-approved housing counseling agencies provide free or low-cost guidance on defaults, foreclosures, and budgeting. You can find a counselor through the U.S. Department of Housing and Urban Development at hud.gov or by calling (800) 569-4287. The Consumer Financial Protection Bureau (cfpb.gov) also offers plain-language resources on mortgage servicing and foreclosure.
"The sooner you understand your timeline, the more choices you may have. A conversation costs nothing — and it may change everything."
Disclaimer: Homestead Solutions USA is a for-profit real estate investment company. We are not a government agency, nonprofit, law firm, or mortgage servicer. We do not provide legal representation, lender approvals, or guaranteed foreclosure prevention. Information on this site is educational and not legal, tax, or financial advice. This article is educational and was last updated on October 20, 2026. Laws and programs change — verify current information with the relevant California agency, HUD, or a qualified professional before making decisions.
Frequently Asked Questions
Can I stop a foreclosure once it has started?
Often, yes — depending on the stage. Reinstatement, loan modification, a repayment plan, or selling the property before the auction date are all potential paths. Bankruptcy can also temporarily pause a sale via the automatic stay, but it has serious consequences and requires an attorney. The earlier you act, the more options tend to remain.
Does Homestead Solutions USA guarantee it can stop my foreclosure?
No. No third party can guarantee what a lender or court will do. We can listen to your situation, help you understand potential next steps, and — if a direct sale makes sense — explore an offer. We always encourage you to also contact your servicer and a HUD-approved housing counselor or attorney promptly.
What's the difference between a Notice of Default and a Notice of Trustee's Sale?
The Notice of Default is the first formal recorded step, starting a 90-day reinstatement period. The Notice of Trustee's Sale comes later and sets the actual auction date, at least 21 days out. Both are public records, and both trigger additional homeowner rights.
Have questions about your situation?
Every situation is different. We're here to listen and help you explore your options — no pressure, no judgment, no obligation.
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