How to Stop a Foreclosure in California
Reviewed by DocDraft Legal Team · California · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage. In California, most foreclosures are non-judicial trustee's sales conducted under the deed of trust's power-of-sale clause (Cal. Civ. Code § 2924). The process runs in two stages: a recorded Notice of Default starts a 3-month (90-day) cure period, then a recorded Notice of Trustee's Sale sets a sale at least 20 days later under Cal. Civ. Code § 2924f, a minimum of roughly 4 months. California borrowers have a strong reinstatement right, allowing them to cure the default and cancel the sale up until 5 business days before it (Cal. Civ. Code § 2924c(e)). There is no post-sale right of redemption after a non-judicial sale, and no deficiency judgment under Cal. Code Civ. Proc. § 580d, with purchase-money loans on owner-occupied 1-to-4-unit homes further protected under § 580b. Redemption exists only in the rarer judicial foreclosure (Cal. Code Civ. Proc. § 729.030).
Find out where you stand in California
Where are you in the foreclosure process?
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How do I stop a foreclosure in California?
In California, most foreclosures are non-judicial trustee's sales under Cal. Civ. Code § 2924. You can stop the process by reinstating the loan (paying the past-due amount plus costs) up to 5 business days before the trustee's sale, curing the default during the 90-day period, or pursuing loss mitigation such as a loan modification.
What is the foreclosure timeline in California?
A California non-judicial foreclosure runs in two stages under Cal. Civ. Code § 2924 and § 2924f. The lender records a Notice of Default, then must wait a 3-month (90-day) cure period. It then records a Notice of Trustee's Sale, and the sale occurs at least 20 days later. The minimum span is roughly 4 months.
Can I reinstate my mortgage to stop foreclosure in California?
Yes. Under Cal. Civ. Code § 2924c(e), a California borrower may reinstate the loan by paying the entire past-due amount plus permitted costs and fees at any time after the Notice of Default is recorded, up until 5 business days before the trustee's sale. Reinstating cures the default and cancels the sale.
Can the lender pursue me for the remaining balance after foreclosure in California?
Usually no. Under Cal. Code Civ. Proc. § 580d, a lender cannot obtain a deficiency judgment after a non-judicial trustee's sale. Separately, § 580b bars any deficiency on a purchase-money loan secured by an owner-occupied one-to-four-unit home, even in judicial foreclosure. Refinancing that original purchase loan can remove the § 580b protection.
California foreclosure law at a glance
California foreclosure is governed primarily by the Civil Code and, for judicial cases, the Code of Civil Procedure. Most foreclosures are non-judicial trustee's sales conducted under the deed of trust's power-of-sale clause (Cal. Civ. Code § 2924). The process is two-stage: a recorded Notice of Default starts a 3-month (90-day) cure period, then a recorded Notice of Trustee's Sale sets a sale at least 20 days out (Cal. Civ. Code § 2924f), a minimum of roughly 4 months. Borrowers have a strong reinstatement right, allowing them to cure the default up until 5 business days before the sale (Cal. Civ. Code § 2924c(e)). There is no post-sale redemption after a non-judicial sale, and no deficiency judgment (Cal. Code Civ. Proc. § 580d), with purchase-money loans on owner-occupied homes further protected under § 580b.
Stopping a California foreclosure after a Notice of Default
Suppose you are 4 months behind on your California mortgage and receive a recorded Notice of Default. Under Cal. Civ. Code § 2924, a 3-month (90-day) cure period begins before the lender can set a sale date. If you do not cure, the lender records a Notice of Trustee's Sale, and the sale is scheduled at least 20 days later. Throughout this time, Cal. Civ. Code § 2924c(e) lets you reinstate the loan by paying the full past-due amount plus permitted costs, up until 5 business days before the sale. Reinstating cancels the sale. You could also apply for a loan modification or work with a HUD-approved counselor during the 90-day window. Because there is no redemption after a non-judicial sale, acting before that 5-business-day cutoff is critical. Attorney review of your reinstatement or loss-mitigation paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help California homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
California Department of Financial Protection and Innovation
State agency overseeing mortgage lenders and servicers, with consumer resources and a complaint process for homeowners facing foreclosure or servicing problems.
California Courts Self-Help Guide
Official self-help portal of the California courts covering civil procedure, including how to respond if you are sued in a judicial foreclosure.
LawHelpCA
Statewide directory of free and low-cost legal aid for income-qualified California residents, including housing and foreclosure matters.
Relevant Laws
Cal. Civ. Code § 2924 (Non-judicial foreclosure; power of sale; Notice of Default)
Governs California's predominant non-judicial foreclosure conducted by a trustee under the deed of trust's power-of-sale clause. The lender records a Notice of Default to begin the process; the borrower's interest is extinguished at the trustee's sale with no post-sale redemption.
Cal. Civ. Code § 2924c (Reinstatement of the loan before the trustee's sale)
Subsection (e) lets the borrower cure the default and reinstate the loan by paying the past-due amount plus permitted costs and fees at any time after the Notice of Default is recorded, up until 5 business days before the trustee's sale.
Cal. Civ. Code § 2924f (Notice of Trustee's Sale; posting, publication, and mailing)
Requires the Notice of Trustee's Sale to be recorded, posted on the property, published once a week for three consecutive weeks, and mailed at least 20 days before the sale date, so the sale cannot occur sooner than 20 days after the notice.
Cal. Code Civ. Proc. § 580d (No deficiency judgment after a non-judicial sale)
Bars a lender from obtaining a deficiency judgment for the unpaid balance after a non-judicial trustee's sale under a power of sale in a deed of trust.
Cal. Code Civ. Proc. § 580b (Purchase-money anti-deficiency protection)
Bars any deficiency judgment, judicial or non-judicial, on a purchase-money loan secured by an owner-occupied dwelling of not more than four units. Refinancing the original purchase loan can strip this protection.
Cal. Code Civ. Proc. § 729.030 (Redemption after judicial foreclosure)
Provides the post-sale right of redemption that exists only in judicial foreclosure. No comparable redemption period follows a non-judicial trustee's sale in California.
Regional Variances
California foreclosure rules vs national norms
Process type
Predominantly non-judicial trustee's sales under the deed of trust's power-of-sale clause (Cal. Civ. Code § 2924). Judicial foreclosure exists but is rare. Some states use judicial foreclosure as the default; California does not.
Notice timeline
Two-stage under Cal. Civ. Code § 2924 and § 2924f: a Notice of Default starts a 3-month (90-day) cure period, then a Notice of Trustee's Sale sets a sale at least 20 days later. Minimum of roughly 4 months from Notice of Default to sale.
Reinstatement right
Strong. Cal. Civ. Code § 2924c(e) lets the borrower cure the default and cancel the sale up until 5 business days before the trustee's sale. This late cutoff is more borrower-protective than states that end reinstatement earlier.
Redemption after sale
None after a non-judicial trustee's sale; the borrower's interest is extinguished at the sale (Cal. Civ. Code § 2924). A redemption period exists only after a judicial foreclosure (Cal. Code Civ. Proc. § 729.030).
Deficiency judgment
None after a non-judicial sale (Cal. Code Civ. Proc. § 580d). Purchase-money loans on owner-occupied 1-to-4-unit homes are fully protected regardless of the foreclosure type (§ 580b), though refinancing can strip that protection.
Non-judicial vs judicial foreclosure in California
Non-judicial trustee's sale (the common path)
Conducted out of court by a trustee under the power-of-sale clause (Cal. Civ. Code § 2924). Faster, with the two-stage Notice of Default and Notice of Trustee's Sale timeline. No post-sale redemption and no deficiency judgment (Cal. Code Civ. Proc. § 580d), but the § 2924c(e) reinstatement right applies up to 5 business days before the sale.
Judicial foreclosure (the rare path)
Filed as a lawsuit and decided by a court. Slower and uncommon in California. It is the only route that carries a post-sale right of redemption (Cal. Code Civ. Proc. § 729.030). A borrower served with a summons and complaint must file a written response by the stated deadline or risk a default judgment.
Suggested Compliance Checklist
Confirm whether your foreclosure is judicial or non-judicial
As soon as you fall behind or receive any notice days after startingMost California foreclosures are non-judicial trustee's sales under Cal. Civ. Code § 2924, handled out of court by a trustee. A judicial foreclosure is filed as a lawsuit and is rare. Knowing which type you face determines your deadlines, your reinstatement window, and whether any post-sale redemption right exists.
Read the Notice of Default and calendar the 90-day cure period
Immediately upon receiving the Notice of Default days after startingThe recorded Notice of Default starts a 3-month (90-day) cure period under Cal. Civ. Code § 2924 before the lender can set a sale date. Note the recording date, calendar the end of the 90-day window, and watch for a later Notice of Trustee's Sale, which sets the sale at least 20 days out under § 2924f.
Contact your servicer and apply for loss mitigation or a loan modification
During the 90-day cure period, the earlier the better days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft.
Explore reinstatement before the 5-business-day cutoff
No later than 5 business days before the trustee's sale days after startingCal. Civ. Code § 2924c(e) lets you reinstate by paying the entire past-due amount plus permitted costs and fees at any time after the Notice of Default, up until 5 business days before the trustee's sale. Request a written reinstatement quote from the servicer or trustee and confirm the exact figure and deadline in writing.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist California homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare reinstatement, modification, and other options before any sale date.
Respond in writing if you are served with a judicial foreclosure lawsuit
By the deadline stated on the summons days after startingIf your foreclosure is judicial, you are served with a summons and complaint and must file a written response by the deadline on the summons or risk a default judgment. Judicial foreclosure is also the only California route that preserves a post-sale right of redemption under Cal. Code Civ. Proc. § 729.030. Attorney review is available through DocDraft.
Confirm your deficiency and anti-deficiency protections
Before agreeing to any sale, short sale, or deed in lieu days after startingNo deficiency judgment follows a non-judicial trustee's sale under Cal. Code Civ. Proc. § 580d. Purchase-money loans on owner-occupied 1-to-4-unit homes are fully protected under § 580b regardless of foreclosure type, but refinancing the original purchase loan can strip that protection. Verify your loan's status before signing anything.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the Notice of Default, the Notice of Trustee's Sale, reinstatement quotes, and all servicer correspondence, with dates. These records fix your deadlines under Cal. Civ. Code § 2924 and § 2924f, support a reinstatement under § 2924c(e), and document any servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your foreclosure is judicial or non-judicial | Most California foreclosures are non-judicial trustee's sales under Cal. Civ. Code § 2924, handled out of court by a trustee. A judicial foreclosure is filed as a lawsuit and is rare. Knowing which type you face determines your deadlines, your reinstatement window, and whether any post-sale redemption right exists. | - | As soon as you fall behind or receive any notice |
| Read the Notice of Default and calendar the 90-day cure period | The recorded Notice of Default starts a 3-month (90-day) cure period under Cal. Civ. Code § 2924 before the lender can set a sale date. Note the recording date, calendar the end of the 90-day window, and watch for a later Notice of Trustee's Sale, which sets the sale at least 20 days out under § 2924f. | - | Immediately upon receiving the Notice of Default |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | During the 90-day cure period, the earlier the better |
| Explore reinstatement before the 5-business-day cutoff | Cal. Civ. Code § 2924c(e) lets you reinstate by paying the entire past-due amount plus permitted costs and fees at any time after the Notice of Default, up until 5 business days before the trustee's sale. Request a written reinstatement quote from the servicer or trustee and confirm the exact figure and deadline in writing. | - | No later than 5 business days before the trustee's sale |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist California homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare reinstatement, modification, and other options before any sale date. | - | As early as possible in the process |
| Respond in writing if you are served with a judicial foreclosure lawsuit | If your foreclosure is judicial, you are served with a summons and complaint and must file a written response by the deadline on the summons or risk a default judgment. Judicial foreclosure is also the only California route that preserves a post-sale right of redemption under Cal. Code Civ. Proc. § 729.030. Attorney review is available through DocDraft. | - | By the deadline stated on the summons |
| Confirm your deficiency and anti-deficiency protections | No deficiency judgment follows a non-judicial trustee's sale under Cal. Code Civ. Proc. § 580d. Purchase-money loans on owner-occupied 1-to-4-unit homes are fully protected under § 580b regardless of foreclosure type, but refinancing the original purchase loan can strip that protection. Verify your loan's status before signing anything. | - | Before agreeing to any sale, short sale, or deed in lieu |
| Keep written records of every notice, payment, and communication | Save the Notice of Default, the Notice of Trustee's Sale, reinstatement quotes, and all servicer correspondence, with dates. These records fix your deadlines under Cal. Civ. Code § 2924 and § 2924f, support a reinstatement under § 2924c(e), and document any servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a mortgage lender uses to take and sell your home when you fall behind on the loan payments. In California, most foreclosures are non-judicial, meaning the sale happens through a trustee under the deed of trust's power-of-sale clause without a court case, governed by Cal. Civ. Code § 2924.
A non-judicial foreclosure is handled by a trustee out of court under the power-of-sale clause and Cal. Civ. Code § 2924; it is faster and the most common route in California. A judicial foreclosure goes through the courts, is rare, and is the only path that carries a post-sale right of redemption under Cal. Code Civ. Proc. § 729.030.
Once the Notice of Default is recorded, a 3-month cure period begins under Cal. Civ. Code § 2924. During this 90-day window the lender cannot set a sale date. If you do not cure or reinstate, the lender may then record a Notice of Trustee's Sale, scheduling the sale at least 20 days later.
Under Cal. Civ. Code § 2924f, the Notice of Trustee's Sale must be recorded, posted on the property, published in a newspaper once a week for three consecutive weeks, and mailed to you at least 20 days before the sale date. The sale therefore cannot occur sooner than 20 days after the notice.
After a non-judicial trustee's sale in California, there is no post-sale right of redemption; your interest in the property is extinguished at the sale under Cal. Civ. Code § 2924. A redemption period exists only after a judicial foreclosure, under Cal. Code Civ. Proc. § 729.030. This makes acting before the sale critical.
Applying for a loan modification or other loss mitigation is a common way to pause or stop a California foreclosure. If the lender approves a modification, forbearance, repayment plan, short sale, or deed in lieu, the trustee's sale can be avoided. You can also reinstate under Cal. Civ. Code § 2924c(e) up to 5 business days before the sale.
Although rare in California, a judicial foreclosure is filed as a lawsuit. If you are served with a summons and complaint, you must file a written response within the deadline stated on the summons or risk a default judgment. Judicial foreclosure is the only California route that preserves a post-sale redemption right under Cal. Code Civ. Proc. § 729.030.
California homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. County and nonprofit legal aid organizations help income-qualified homeowners, and the California Department of Financial Protection and Innovation offers consumer resources. Acting early, well before any trustee's sale date, gives you the most options.
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