If you've received a foreclosure notice, the exact document matters. California's nonjudicial foreclosure process uses two distinct recorded notices, and each represents a very different point in the timeline — with different rights and different amounts of time left to act.
Notice of Default (NOD) — the beginning
The Notice of Default is the first formal recorded step in a nonjudicial foreclosure. It's recorded with the county recorder, mailed to you, and posted on the property. Under California Civil Code § 2924b, it must include specific information about the loan, the amount in default, and the steps required to cure. The NOD starts a 90-day reinstatement period — a window during which you can bring the loan current by paying the past-due amounts plus allowable fees.
Notice of Trustee's Sale (NOTS) — the auction is scheduled
After the 90-day reinstatement period expires, the trustee records a Notice of Trustee's Sale. This notice sets the actual date, time, and location of the auction, and it must be recorded, published in a newspaper, mailed to you, and posted on the property at least 21 days before the sale date. Under California Civil Code § 2924c, you generally retain the right to reinstate the loan up to 5 business days before the scheduled sale.
What to do when you receive either notice
- Open every piece of mail immediately — don't avoid it. Notices contain deadlines and instructions.
- Contact your mortgage servicer's loss-mitigation department and request a single point of contact.
- Gather your loan documents, payment history, and income information.
- Talk to a HUD-approved housing counselor (free) at (800) 569-4287 or hud.gov.
- If your situation is complex or you believe the foreclosure is improper, consult a qualified California attorney.
- If you're considering selling to preserve equity, understand your timeline before the auction date approaches.
Both notices are public records, which is why you may also receive letters and calls from investors, attorneys, and others offering help. Some are legitimate; some are not. Never pay an upfront fee for foreclosure-rescue services — California Civil Code § 2945 prohibits foreclosure consultants from collecting fees before services are fully performed.
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
How long after a Notice of Default before the auction?
In a standard California nonjudicial foreclosure, the Notice of Trustee's Sale can be recorded after the 90-day reinstatement period, and the auction must be at least 21 days after that notice. The full timeline from NOD to sale is typically a minimum of about 111 days, though loss-mitigation applications, bankruptcy, or legal challenges can extend it.
Can I still reinstate my loan after the Notice of Trustee's Sale is recorded?
Generally yes — under California Civil Code § 2924c, the right to reinstate typically continues up to 5 business days before the scheduled sale date. Reinstatement means paying all past-due amounts plus allowable fees to bring the loan current.
Do I have to move out when I receive a notice?
No. A foreclosure notice is not an eviction. Even after a trustee's sale, a new owner must follow the legal process to regain possession. You have the right to remain in the home until that process is completed.
Have questions about your situation?
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