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How to Avoid
Foreclosure

California · Weigh your options

How to stop a foreclosure in California

In California you can stop or delay a trustee sale in several ways, and each has its own cutoff. The two most used are applying to your servicer for a loan modification and catching up on what you owe. Both have a cutoff 5 business days before the sale date, so act well before that. None of these is guaranteed to work in your case.

Reviewed against California law and official sources on October 11, 2026. General information, not legal advice.

Ways to stop or delay a foreclosure in California

  • Send a complete loan modification application

    At least 5 business days before the scheduled sale

    On a first mortgage for a home you live in, the servicer cannot record a Notice of Default or Notice of Sale, or hold the sale, while a complete application is pending. Complete means the servicer has every document it asked for by its deadlines. The servicer does not have to review a repeat application unless your finances changed in a material way and you document the change.

    Cal. Civ. Code §§ 2923.6, 2924.18

  • Appeal a denial

    Within 30 days of the written denial (larger servicers)

    A larger servicer must give you at least 30 days to appeal and must explain its reasons in writing. It cannot move the foreclosure forward until at least 31 days after the denial, or 15 days after it denies your appeal.

    Cal. Civ. Code § 2923.6(d) to (f)

  • Reinstate the loan

    Until 5 business days before the sale date

    Pay the missed payments plus the allowed costs and fees, and the foreclosure stops. Ask the servicer or trustee for the exact amount in writing, because it grows over time. If the sale is postponed by more than 5 business days, the right to reinstate comes back until 5 business days before the new date.

    Cal. Civ. Code § 2924c

  • List the home for sale

    Trustee must receive the listing agreement at least 5 business days before the sale

    Send the trustee your listing agreement with a California licensed real estate broker by certified mail or a tracked overnight courier. The sale must then wait 45 more days, one time. If you later send a signed purchase agreement for at least what is owed, also at least 5 business days before the new date, the sale is put off until at least 45 days after the trustee got it.

    Cal. Civ. Code § 2924f(e)

  • Ask the lender to postpone

    Any time before the sale is completed

    The trustee must postpone a sale when you and the lender agree to it, and the agreement can be oral or written. The lender does not have to agree. Get any agreement in writing if you can, and confirm the new date with the trustee.

    Cal. Civ. Code § 2924g(c)

  • Ask a court to stop the sale

    Before the trustee's deed is recorded

    If the servicer broke the Homeowner Bill of Rights in a material way, you can ask a court for an order stopping the sale until the violation is fixed. If a second mortgage is foreclosing, you can also ask a court for relief over the unlawful practices listed in the law, and the court must pause the sale until it decides. This takes a lawsuit, so talk to legal aid or a licensed attorney quickly.

    Cal. Civ. Code §§ 2924.12, 2924.19, 2924.13

  • Bankruptcy stay

    Before the sale is held

    When a sale is stayed by a federal bankruptcy case, the California trustee must postpone it and cannot hold it until the stay ends. Bankruptcy has serious costs and effects, so talk to a licensed bankruptcy attorney or legal aid first. While a bankruptcy case is open, you are not treated as a borrower under several Homeowner Bill of Rights sections.

    Cal. Civ. Code §§ 2924g(c), 2924g(e), 2920.5(c)

What California law gives you

The right to catch up and stop the sale

Right to reinstate

Yes. You can stop a trustee sale by paying the past-due amounts plus allowed costs and fees. This right runs from the day the notice of default is recorded until 5 business days before the sale date. If the sale is postponed for more than 5 business days, the right comes back until 5 business days before the new date. In a court (judicial) foreclosure, you can reinstate any time before the court enters the foreclosure decree.

Cal. Civ. Code § 2924c

Foreclosure mediation

No statewide program

We did not find a statewide foreclosure mediation or settlement conference program in California. The California Courts foreclosure guide does not list one, and the foreclosure statutes do not create one. Instead, state law requires your servicer to contact you about options before recording a notice of default and to review a complete loan modification application before selling. A HUD-approved housing counselor or a legal aid office can help you deal with your servicer.

Contact before foreclosure starts

For a first mortgage on a home you live in (1 to 4 units), the servicer must contact you by phone or in person, or show it tried with due diligence, to review your finances and options. It must wait 30 days after that before recording a notice of default.

Cal. Civ. Code §§ 2923.5, 2923.55, 2924.15

No dual tracking

If you send a complete first lien loan modification application at least 5 business days before a scheduled sale, the servicer cannot record a notice of default or notice of sale, or hold the sale, while it is pending. With larger servicers, if you are denied you get at least 30 days to appeal, and the foreclosure stays paused for at least 31 days after the written denial. The servicer also cannot foreclose while you are keeping up with an approved written plan.

Cal. Civ. Code §§ 2923.6, 2924.11, 2924.18

Single point of contact and the right to sue

When you ask for a foreclosure prevention option, larger servicers (those that foreclosed on more than 175 California homes in the past year) must give you one person or team to work with. If a servicer breaks these rules in a material way, you can ask a court to stop the sale before the trustee's deed is recorded. After that you can sue for money damages, and a court can award attorney's fees if you win.

Cal. Civ. Code §§ 2923.7, 2924.12, 2924.19

Extra time if you list or sell the home, and a price floor at auction

If the trustee receives your broker listing agreement at least 5 business days before the sale, the sale must wait 45 more days (one time). If it then receives, again at least 5 business days before the new sale date, a signed purchase agreement for at least what is owed, the sale must be put off until at least 45 days after the trustee got that agreement (one time). On a first mortgage, the first auction cannot sell the home for less than 67 percent of fair market value. These rules apply to homes with 1 to 4 units and are set to end on January 1, 2031 unless the Legislature extends them.

Cal. Civ. Code § 2924f(e), (f)

Old second mortgages (zombie seconds)

Since June 30, 2025, a servicer foreclosing on a second or other junior mortgage must record a sworn certification with the notice of default. It must say whether the servicer did things the law calls unlawful, such as sending you nothing in writing for 3 years or threatening foreclosure after the debt was written off. The servicer must mail you a copy by certified mail. You can ask a court for relief before the sale, and the court must pause the sale until it decides.

Cal. Civ. Code § 2924.13

The options your servicer can offer

Common questions in California

Can I stop a California foreclosure by paying only what I am behind?

Yes, until 5 business days before the sale date. Civil Code section 2924c lets you reinstate by paying the amounts in default plus allowed costs and fees, not the whole loan. In the last 5 business days there is no right to reinstate.

Does California have a foreclosure mediation program?

We did not find a statewide one. The California Courts foreclosure guide does not list a mediation or settlement conference program, and the foreclosure statutes do not create one. California relies on the servicer contact and loan modification review rules in the Homeowner Bill of Rights instead.

What can I get if my servicer breaks the California Homeowner Bill of Rights?

Before the trustee's deed is recorded, a court can stop the sale until the violation is fixed. After it is recorded, you can sue for your actual economic damages. If the violation was intentional or reckless, a court may award the greater of three times actual damages or $50,000, and it can award attorney's fees if you win (Civil Code section 2924.12).

Do the Homeowner Bill of Rights protections cover every California mortgage?

No. The main protections cover a first mortgage on a home of 1 to 4 units that is your principal residence (Civil Code section 2924.15). Servicers that foreclosed on 175 or fewer California homes in the past year follow a shorter set of rules. They still cannot hold a sale while your complete application is pending.

Step by step

More on foreclosure in California

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Back to the California overview

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Sources for this page

  1. California Courts Self-Help Guide: The eviction process for tenants
  2. California Courts Self-Help Guide: Summons, Unlawful Detainer, Eviction (form SUM-130)
  3. California Courts Self-Help Guide: What happens if you lose your eviction case
  4. Cal. Code Civ. Proc. § 1167
  5. Cal. Code Civ. Proc. § 715.010
  6. California Civil Code, Division 3, Part 4, Title 14, Chapter 2, Article 1 (Mortgages in General, §§ 2920 to 2944.10), California Legislative Information
  7. Cal. Civ. Code § 2924f (two versions; the one operative until January 1, 2031 was used)
  8. AB 2424 (Stats. 2024, Ch. 311), Mortgages: foreclosure
  9. AB 1521 (Stats. 2025, Ch. 200), Committee on Judiciary: judiciary omnibus
  10. Cal. Code Civ. Proc. § 580b
  11. Cal. Code Civ. Proc. § 580d
  12. Cal. Code Civ. Proc. § 580e
  13. Cal. Code Civ. Proc. § 726
  14. Cal. Code Civ. Proc. § 729.010
  15. Cal. Code Civ. Proc. § 729.030
  16. Cal. Code Civ. Proc. § 1161a
  17. Cal. Code Civ. Proc. § 1161b
  18. Cal. Civ. Code § 2945.3 (foreclosure consultant contracts)
  19. Cal. Civ. Code § 2945.4 (foreclosure consultant prohibitions)
  20. Cal. Civ. Code § 2945.45 (foreclosure consultant registration)
  21. Cal. Civ. Code § 1695.4 (home equity sales contracts: right to cancel)
  22. Cal. Civ. Code § 1695.6 (equity purchaser duties)
  23. Cal. Civ. Code § 1695.13 (unconscionable advantage)
  24. Cal. Civ. Code § 1695.14 (rescission within two years)
  25. California Courts Self-Help Guide: Guide to foreclosures
  26. California Courts Self-Help Guide: Your rights in a nonjudicial foreclosure
  27. California Courts Self-Help Guide: Tenants' rights in a foreclosure
  28. California Courts Self-Help Guide: Foreclosure and mortgage help
  29. California Attorney General: California Homeowner Bill of Rights
  30. California Attorney General: Foreclosure Rescue Scams
  31. California Mortgage Relief Program
  32. U.S. Department of the Treasury: Homeowner Assistance Fund
  33. CalAssist Mortgage Fund (CalHFA)
  34. California State Controller: Property Tax Postponement
  35. California Housing Finance Agency (CalHFA)
  36. DFPI: Submit a Complaint
  37. eCFR: 12 C.F.R. § 1024.41, Loss mitigation procedures