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My foreclosure sale date is set. What do I do now?

A sale date is the most urgent deadline in a California foreclosure, but you may still have choices. There is no single last-chance deadline. The right to catch up on missed payments generally ends 5 business days before the sale, and other options have their own rules and deadlines, some much earlier. Paying off the full loan before the sale is complete may still stop it. Use this checklist today, not tomorrow.

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

What does the Notice of Trustee's Sale tell me?

In California, the Notice of Trustee's Sale must be recorded, mailed to you, posted on your property, and posted in a public place at least 20 days before the sale. It must also be printed in a local newspaper once a week for three weeks in a row. Read your notice and find these items:

  • The date, time, and place of the sale. Sales are public auctions held in the county where the home is, on a business day between 9 a.m. and 5 p.m.
  • The name of the trustee. The trustee is the company that runs the sale.
  • The estimated amount owed, including charges.
  • Write the sale date on your calendar. Then count back 5 business days and circle that date too. That is generally when the right to catch up ends. Other options have different deadlines, and some are earlier.

Can I still catch up on my payments?

Maybe. California gives you a right to catch up, called reinstatement. You pay all amounts that are past due plus allowed costs and fees. You generally do not have to pay principal that would not be due yet if you had not fallen behind. This right generally lasts until 5 business days before the scheduled sale.

  • Call your loan company today and ask for a current written breakdown of the reinstatement amount.
  • Ask exactly how and where to send the money, and get that in writing too.
  • The right to catch up can come back after certain postponements or a new notice of sale, but not after every postponement. Ask about it after any postponement.

What if I am past the 5-day line?

After the reinstatement window closes, paying off the full loan may still stop the sale, if the payment is made the right way before the sale is complete. This is called a payoff.

  • Ask for a current written payoff demand right away.
  • Ask for checked and confirmed instructions for sending the money. Call the loan company back on the number from your statement to confirm them.
  • If family is helping or you are refinancing, tell them the sale date today. Money takes time to move.

Is it too late to apply for a loan modification?

Not always, and applying does not always stop a foreclosure. For loans covered by California law, if your servicer receives a complete application for a first mortgage modification at least 5 business days before the scheduled sale, the servicer generally cannot take certain foreclosure steps, including the sale, while the application is pending. An application that is missing papers does not count. Applying again does not always restart the protection, and nothing guarantees approval. Federal rules have their own protections and deadlines, including for some complete applications received more than 37 days before the sale. Sending documents to us is not the same as your servicer receiving a complete application.

  • Ask your servicer, or your single point of contact if you have one, what is missing, and send it the same day.
  • Send papers in a way you can track, and keep proof of what you sent and when.
  • See our guide on how a complete application can pause foreclosure.

Can selling my home buy more time?

Possibly. For homes with 1 to 4 units, a California law called AB 2424 allows two delays, each with conditions:

  • Listing delay. The trustee must receive a qualifying listing agreement with a California-licensed real estate broker at least 5 business days before the scheduled sale, and the home must already be publicly marketed the way the law requires by then. If all the conditions are met, the sale cannot happen until at least 45 days after the scheduled sale date.
  • Purchase agreement delay. After the listing delay has been used, the trustee must receive a qualifying purchase agreement at least 5 business days before the new sale date. It must be a real, fully signed contract, with a price at least equal to the unpaid balance of all recorded loans and liens on the home. It must name the buyer, the price, and the closing date, and be accepted by the escrow company. If all the conditions are met, the new sale date must be at least 45 days after the trustee received the agreement.

Each 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 the home, getting an offer, or emailing documents does not give you a delay. A short sale offer for less than what is owed does not qualify for the purchase agreement delay. This is not an automatic 90 days. Always confirm the sale status with the trustee.

Did the sale really get postponed?

A phone call, a promise to review your file, or a pending application is not the same as a postponed sale. Postponements are usually announced out loud at the time and place of the sale.

  • Call the trustee named on your notice and ask if the sale is still on, and for the new date and time if it moved.
  • Ask your loan company to confirm any postponement in writing.
  • Check again the day before the sale. Read our guide on how to verify a postponement.

What about bankruptcy or military service?

Filing bankruptcy often creates an automatic stay that pauses a foreclosure sale for a time, but there are exceptions, and it is not a guaranteed cancellation. Earlier dismissed cases or certain court orders can limit the stay or keep it from starting, and a lender can ask the court for permission to go ahead. If you qualify for Chapter 13, you may be able to catch up on missed payments through a court-approved plan while you keep making your regular payments. Bankruptcy does not guarantee you can keep your home, so talk to a bankruptcy attorney right away. If you or a family member is in the military, or left service within the past year, federal law may protect you. Tell your loan company and get legal help today.

Who should I call today?

  • Your loan company, using the number on your monthly statement. The loan company decides whether to approve a modification. Whether a sale goes forward may be decided by the lender, the trustee, or a court.
  • The HOPE Hotline, free HUD-approved counseling: 888-995-4673.
  • A free HUD-approved housing counselor: 800-569-4287.
  • Free legal help near you: LawHelpCA.org.
  • Us, for a free call about selling, refinancing, or your other choices. Calling us does not by itself stop a sale or extend a deadline.

How do I stay safe from scams this week?

  • Never pay anyone up front to save your home or change your loan.
  • Never sign over your deed to someone who promises to stop the sale.
  • If you signed a contract to sell your home to an investor, California law may let you cancel. In many cases you can cancel until 8 a.m. on the sale date or 5 business days after signing, whichever comes first.
  • Read our scam red flags checklist.

General information, not legal advice. Your dates may differ based on your loan, postponements, and other facts. Sources: California Civil Code sections 1695.4, 2923.6, 2924c, 2924f, 2924g, and 2944.7; 12 C.F.R. section 1024.41; 11 U.S.C. section 362; 50 U.S.C. section 3953.

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Even if you accept this offer and use our service, your lender may not agree to change your loan.

Asking for a guide or giving contact permission does not stop foreclosure or extend a deadline.

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