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California Nonjudicial Foreclosure Process


Foreclosure Timeline—California

The timeline displayed here is typical in a California non-judicial foreclosure. The foreclosure timeline does not begin until the lender feels they have exhausted all avenues for curing the payment deliquency. Normally, this happens after the borrower has missed three monthly mortgage payments and the Notice of Intent to Foreclose has expired. The borrower has probably been contacted by the lender several times prior to beginning the foreclosure process. The offi cial foreclosure process then begins by the lender contacting a Trustee and instructing them to file a Notice of Default.

Timeline

Action

Start (Day 1-3)

Notice of Default recorded with County Recorder.

Within 10 Business Days

Trustee mails Notice of Default to borrower(s) and anyone with a Special
Request for Notice.

Within 1 Month

Mail Notice of Default to all parties with an interest in title.

After 3 Months

Set sale date.

25 Days Prior to Sale Date

Send Notice of Sale to IRS (if applicable).

20 Days Prior to Sale Date

Publish Notice of Sale.
Post Notice of Sale.
Mail Notice of Sale.
Begin publishing Notice of Sale in an adjudicated newspaper
(Must run 3 consecutive weeks).

14 Days Prior to Sale Date

Record the Notice of Sale with County Recorders Offi ce.

7 Days Prior to Sale Date

Trustee cannot sell for 7 days after expiration of bankruptcy court order.

5 Business Days Prior to Sale date

The borrower’s right to reinstate expires.

Sale Date

The property is sold to highest bidder or reverts back to lender.

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