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California · What this letter means

California foreclosure letters and notices

The papers California homeowners receive, in the order they usually arrive. Each page uses the name on the California document, explains the deadline it starts under California law, and lists what to do this week.

  1. Step 1

    Notice of Default

    In California, a recorded Notice of Default is the formal start of a trustee (out of court) foreclosure. It is not a sale and not an eviction. At least 3 months must pass before a Notice of Sale can set an auction, and you can catch up until 5 business days before the sale date.

    What it means
  2. Step 2

    Letter about foreclosure prevention alternatives

    After a Notice of Default is recorded, a larger California servicer that offers ways to avoid foreclosure must write to you within 5 business days. The letter says you may be evaluated, whether you must apply, and how to get the application. It is your cue to apply now.

    What it means
  3. Step 3

    Notice of Sale

    A California Notice of Sale sets the date, time and place of the trustee's sale (auction) of your home. It must be mailed, posted on your door, recorded and published at least 20 days before the sale. You may still have options, and most end 5 business days before the sale.

    What it means
  4. Step 4

    Notice of surplus proceeds after a trustee's sale

    If your home sold at a trustee's sale for more than the sale costs and the foreclosed loan, the trustee must mail a notice within 30 days of signing the trustee's deed. Your signed written claim must reach the trustee within 30 days after the notice is sent. You can file it yourself for free.

    What it means
  5. Step 5

    3-day notice to quit after a foreclosure sale

    After a trustee's sale, the new owner cannot change the locks. It must first serve a former owner with a written 3-day notice to quit. If you stay past it, the owner must file an eviction (unlawful detainer) case in court, and only the sheriff can remove you after a judgment.

    What it means
  6. Step 6

    Summons, Unlawful Detainer, Eviction (form SUM-130)

    If you stayed after the 3-day notice, the new owner can sue to evict you in an unlawful detainer case. You usually have 10 court days after you are served to file a written response. If you do nothing, the owner can win by default and the sheriff can lock you out after a 5-day notice.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in California.