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How to know where your loan is in the foreclosure process

Knowing which stage you are in helps you understand how much time you may have and which options may still be open. Here is a gentle walk-through of the basic California timeline. Every case is different, so always confirm your dates with your servicer.

Most California foreclosures are nonjudicial

In California, most home loans use a deed of trust, which lets the lender foreclose without going to court. This is called a nonjudicial foreclosure. A company called the trustee handles the notices and the sale. Because there is no court case, homeowners sometimes do not realize how far along things are, so reading every notice matters.

Stage 1: Missed payments

Federal rules generally do not allow a servicer to start foreclosure until you are more than 120 days behind. California law also generally requires your servicer to contact you to discuss options at least 30 days before recording a Notice of Default. This early stage is often when the most options are available.

Stage 2: Notice of Default (NOD)

The Notice of Default is recorded with your county recorder. It says the loan is in default and shows how much is needed to catch up. After it is recorded, the trustee generally must wait at least three months before moving to the next step. You can often look up recorded documents through your county recorder; see our county pages from the counties list.

Stage 3: Notice of Trustee Sale (NTS)

The Notice of Trustee Sale sets a date, time, and place for the auction. It generally must be mailed, posted on the property, and published at least 20 days before the sale. The notice usually lists a phone number or website where you can check whether the sale has been postponed.

Stage 4: The sale date

California law generally allows you to reinstate the loan, meaning catch up on past-due amounts plus allowed fees and costs, until five business days before the sale. Sales are often postponed, but you should never assume yours will be. After a completed nonjudicial sale, there is generally no right to buy the home back.

Find your stage in one minute

Use our interactive timeline tool: pick the latest letter you received, and it will explain what that stage usually means and what you might do next. Then look at your options.

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No upfront fees

In California, it is illegal for anyone to collect a fee for loan modification or other mortgage relief services before the work is fully done (Civil Code section 2944.7). If someone asks you to pay first, walk away and talk to a free HUD-approved counselor.

Talk to an Equity Guard Agent

If you would like someone to listen and help you think through your situation, an Equity Guard Agent is happy to talk, free and with no pressure. We cannot promise any outcome, and we will always point you to free counselors and attorneys when that is the right next step.

Informational only, not legal advice. This article is general information about California foreclosure and is not legal, tax, or financial advice. Laws and programs change, and every situation is different. Please confirm details with your servicer, a HUD-approved housing counselor, or a licensed attorney.

Call or text Carlos: 818.447.5224 · Text · carlos@carlossotelo.com

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