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My home was sold at a foreclosure auction. What happens next?

You generally do not have to move out the day of the sale, and the buyer cannot lock you out by changing the locks. A former owner may get a 3-day written notice to leave. If you stay, the buyer generally must win an eviction case in court before a sheriff can make you leave. If you get court papers, you usually have only 10 court days to respond. You may also be owed leftover money from the sale.

By Guillermo Serafin, broker and owner of Serve First Realty. Updated October 2026.

Is the sale final right away?

Not always. For many sales of homes with 1 to 4 units, a California law called SB 1079 gives some buyers a short window after the auction. Eligible tenants, people who plan to live in the home, and certain nonprofits may get 15 days, and sometimes up to 45 days, to make an offer. Until the sale is final under that law, the title stays with the former owner.

  • This window is for those buyers. It does not give you, the former owner, extra time to catch up or buy the home back.
  • After an ordinary trustee sale, there is generally no right to buy the home back. The 90-day buy-back right applies to certain HOA foreclosures, and some court (judicial) foreclosures have their own rules.
  • Call the trustee named on your notice of sale and ask whether the sale is final. Learn more in our SB 1079 guide.

What is a trustee's deed?

The trustee's deed is the paper that gives the buyer the property. If it is recorded in time, generally within 21 calendar days, or 60 days when an SB 1079 notice of intent to bid was sent, the sale counts as of 8 a.m. on the auction day. These are rules about the paperwork. They are not a deadline for you to move out.

Will I get a notice to move?

  • If you are the former owner, the new owner can serve you a 3-day written notice to quit after the sale is complete and the title is properly recorded.
  • Tenants are different. Qualifying renters generally get at least 90 days' notice, and some leases continue after foreclosure. Former owners should not assume the renter notice periods apply to them. See our guide for renters.
  • The new owner cannot change the locks or remove you without a court order. Only the sheriff can do that, after the court case.

What if I get eviction court papers?

If you do not move after the notice, the new owner can file an eviction case, called an unlawful detainer. You will get a Summons (form SUM-130) and a Complaint.

  • You usually have 10 court days to respond after you are served. Saturdays, Sundays, and court holidays do not count.
  • The most common response is an Answer (form UD-105). Filing it on time is what gets you a trial.
  • There is a court filing fee. If you cannot afford it, you can ask for a fee waiver (form FW-001).
  • If you do nothing, the judge can decide the case without hearing from you.
  • Read our guide on how to answer an eviction after foreclosure.

What happens if I lose the case?

The court gives the new owner a judgment and a writ. The sheriff then gives you a Notice to Vacate, which gives you 5 days to move out. If you need more time, you can ask the court for a stay of execution. If the judge agrees, you may get up to 40 more days, but usually less. You must ask at least 1 court day before your move-out date, tell the other side at least 24 hours before you go to court, and bring money to pay for the extra days. Get legal help right away for this step.

Can I get money after the sale?

  • If the home sold for more than was owed on it, you may be owed the leftover money, called surplus funds. See how to claim leftover money.
  • The new owner may offer you money to move by a set date, called cash for keys. Get any offer in writing. See our cash for keys guide.
  • Give the trustee your new address when you move, so they can reach you.

What else should I check?

  • After a trustee sale, you generally do not owe the rest of the loan that was foreclosed. But other debts secured by the home, like a separate second loan, are not automatically wiped out. Loans used to buy the home, and some refinances, have extra protection. Read will I still owe money after foreclosure.
  • A foreclosure can affect your taxes. Read our 2026 tax guide.
  • Keep every notice and court paper, and write down the date you got each one.

Where can I get free help?

  • Your court's self-help center can help with forms. Start at the California Courts Self-Help Guide.
  • Free legal aid near you: LawHelpCA.org.
  • Our sister company, Ashlar LDA, is a registered Unlawful Detainer Assistant. It only prepares the documents you select, at your specific direction. It cannot choose forms for you, decide what you should file, or recommend a strategy. It is not a law firm and cannot give legal advice.

General information, not legal advice. Your dates may be different. Sources: California Civil Code sections 2924h, 2924j, 2924k, and 2924m; California Code of Civil Procedure sections 715.010, 729.035, 1161a, 1161b, 1167, and 1170.5; California Courts Self-Help Guide, eviction and foreclosure pages (checked October 2026).

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