Where am I in the foreclosure process?

Pick the closest match

This guide covers California mortgage foreclosures that usually happen without a court case. Other types of sales may follow different rules. More than one stage may apply to you.

1. Stage 1 of 6I am worried I will fall behind, but I have not missed a payment yet.
2. Stage 2 of 6I have missed one or more payments, but I have not gotten an official notice.
3. Stage 3 of 6I got a Notice of Default.
4. Stage 4 of 6I got a Notice of Trustee Sale with a sale date.
5. Stage 5 of 6My sale is within the next 7 days, or I think it may be soon.
6. Stage 6 of 6My home was already sold at the foreclosure sale.
7. Not sureI am not sure, or I got court papers or another kind of notice.

Stage 2 of 6

Stage 2: You have missed payments, but no official notice yet

Timing: Do not assume you have months left. For many loans, federal law generally does not allow the first foreclosure filing until the loan is more than 120 days past due. Exceptions apply.

California also has contact rules for covered loans. The mortgage company generally must reach you, or finish the required steps to try to reach you, and then wait at least 30 days before recording a Notice of Default. The state and federal waiting periods can run at the same time.

Options to ask about (not a promise that you qualify): catching up, a payment plan, forbearance, a loan modification, a refinance, or selling.

What to do now: Call your mortgage company using the number on your statement. Ask about all the help available for your loan. Ask who will handle your request. Send the papers the mortgage company needs as soon as you can. Keep copies and proof of delivery. Do not wait for a sale date. Some federal sale protections require a complete application more than 37 days before the sale.

Stage 4 of 6

Stage 4: You got a Notice of Trustee Sale

What it means: The notice lists an auction date, time, and place. California law generally requires sale notices at least 20 days before the sale, using the steps the law requires. That does not mean you get 20 new days from the day you receive or read the notice.

Timing: Check the sale status with the trustee now. The date may have changed. You may have only days left. Each option has its own rules. Do not use this guide to count your last day.

Options to ask about, if you move fast (not a promise that you qualify):

• Catch up. You can generally pay all past-due amounts, plus allowed costs and fees, until 5 business days before the scheduled sale. Ask the mortgage company or trustee for a current written breakdown.
• Ask about a loan modification. For covered first mortgages, a complete application for a modification offered by or through your mortgage company can pause certain foreclosure steps. The mortgage company must receive it at least 5 business days before the sale. Loan and company rules vary. Complete means the mortgage company has all the papers it asks you for, within its reasonable deadlines. Sending papers to us is not the same as sending them to your mortgage company. Applying again does not always renew the protection. Approval is not promised. Read our Options page for review and appeal rules.
• Ask about a listing delay. For property with no more than 4 homes, a qualifying listing may require a 45-day delay under a California law called AB 2424. The trustee must receive the listing agreement with a California-licensed broker at least 5 business days before the sale. The home must also be listed on a public marketing website by that deadline. All the legal conditions must be met. Listing with a broker alone does not stop the sale.
• Get a qualifying purchase agreement. After the listing delay has been used, the trustee must receive a real, fully signed purchase agreement at least 5 business days before the new sale date. The price must cover the unpaid balance of all recorded debts secured by the home. The signed contract must name the buyer, the price, and the closing date. The named escrow company must accept it. If all the conditions are met, the new sale date must be at least 45 days after the trustee received it. A short sale offer for less than you owe does not qualify.
• Pay off the loan in full. Paying everything owed before the sale ends the foreclosure.
• Get bankruptcy advice. Speak with a bankruptcy lawyer. Filing often pauses a sale for a time, but there are exceptions, and it is a big decision.

Each AB 2424 delay can be used only once. The papers must be sent by certified mail or a tracked overnight courier, with the required tracking, signature, and receipt information. Simply listing, getting an offer, or emailing documents does not give you a delay. A qualifying listing delay also extends the catch-up period, based on the new sale date. Ask for the new dates. The second delay is counted from when the trustee receives the purchase agreement. It does not always add 45 more days to the earlier sale date. Always confirm the sale status with the trustee.

Real estate brokerage: Serve First Realty, DRE 02298264.

Stage 6 of 6

Stage 6: Your home was sold

Ask the trustee whether the sale is final. Some home auctions have a short period when certain other buyers can still bid. This is not a general right for the former owner to buy the home back. If you think the sale broke the law, get legal help right away.

You still have rights. Here is what usually happens next:

• You generally cannot be locked out by changing the locks. A former owner may get a 3-day notice to leave. If the home is not given up, the buyer generally must win a court case and use the legal eviction process. Do not ignore notices or court papers.
• Renters may have more time. Qualifying renters generally get at least 90 days' notice, and some leases continue after foreclosure. Exceptions apply. Former owners should not assume the renter notice periods apply to them.
• Debt after the sale. After a California trustee sale, the borrower generally does not owe the unpaid part of the loan that was foreclosed. Other debts may remain. A lien ending does not always mean the debt ends. Some home purchase loans and refinances have extra protection. Ask a lawyer to review each loan.
• Money left from the sale. Sale costs, the foreclosed loan, and valid claims that come first are paid first. Any money left goes to the person entitled to it. Ask the trustee whether money is left and how to make a claim. Read all notices and meet their deadlines. You do not have to hire a recovery company. A lawyer or legal aid office may help if claims are disputed.
• Plan your taxes. A foreclosure can affect your taxes. See our taxes page.

Good to know

This guide covers common California mortgage foreclosures that happen without a court case. It does not cover every loan or sale. Reverse mortgages, tax sales, homeowner association liens, and court foreclosures may follow other rules.

Some rights depend on the loan, your home, the mortgage company, and past applications. Delays or other legal protections may change the dates. Military service and bankruptcy may also affect the rules.

This page does not set your deadline or give legal or tax advice. For advice about your case, contact a lawyer or a legal aid office. Legal aid may be free if you qualify.

Sources: California Civil Code sections 9, 2923.5, 2923.55, 2923.6, 2924, 2924c, 2924f, 2924.9, 2924.15, 2924j, 2924k, and 2924m; federal rules 12 CFR 1024.39 and 1024.41; Code of Civil Procedure sections 580b, 580d, 1161a, and 1161b; federal bankruptcy code, 11 U.S.C. 362. Last reviewed October 30, 2026.