California Foreclosure Timeline

The following time-line is applicable for non-judicial California Foreclosures under a Deed of Trust.

Foreclosures begin with the Trustor (borrower) not making the monthly payments to the Beneficiary (Lender), the first missed payment is technical default, but in practical terms, most Beneficiaries do not begin the process until the third payment is missed. If the Beneficiary cannot resolve the defaulted payment amount with the Trustor through Forbearance or other Loss Mitigation measures, the Beneficiary will instruct the Trustee to begin Foreclosure proceedings.

See a graph of the foreclosure timeline
Read more information about our forecosure process

 

Day 1

Record Notice of Default

Within 10 business days

Mail and publish Notice of Default

Within 1 month

Mail Notice of Default

After 3 months*

Set sale date

25 days before sale date

Send notice of sale to I.R.S.(when necessary)

Within 10 days from 1st publication

Send beneficiary request for property directions

14 days before sale date

Record Notice of Sale

7 days before sale date

If court action, 7 day rule may apply

5 business days before sale date

Expiration of right to re-instate the loan

Sale date

Property is sold to highest bidder

 

*Under new CA Senate Bill No. 7, which became effective June 15, 2009, the 3-month prepublication period has now been extended an additional 90 days, on loans recorded between 1/1/03 – 1/1/08; 1st trust deeds on property secured; principle residence of borrower at time loan became delinquent, before a Notice of Trustee’s Sale can be set. This bill is in effect until January 1, 2011.

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