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How to avoidForeclosure

California · What this letter means

You got a California letter about foreclosure prevention alternatives: what it means

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.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
Your mortgage servicer, if it is one of the larger servicers covered by Civil Code section 2924.9
What it starts
Nothing by itself, but your application now decides whether the sale can go forward
Do this first
Ask for the application in writing and send it back complete, in a way you can prove

What this letter is in California

Civil Code section 2924.9 says that within 5 business days after recording a Notice of Default, a mortgage servicer that offers one or more foreclosure prevention alternatives must send you a written letter. It must say that you may be evaluated for an alternative, whether you need to submit an application to be considered, and how to get the application.

It applies only to a first mortgage on a home of 1 to 4 units that is your principal residence (Civil Code section 2924.15). Smaller servicers, those that foreclosed on 175 or fewer California homes in the past year, do not have to send it. If you have already gone all the way through the servicer's first lien loan modification process, the servicer does not have to send it either.

What it does and does not mean

  • It is not an offer. It tells you how to ask. The servicer does not have to approve any option.
  • It does not stop the foreclosure. The 3-month clock from the Notice of Default keeps running.
  • 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 Sale or hold the sale while it is pending (Civil Code sections 2923.6 and 2924.18).
  • If you do not get this letter, you can still ask for an application. Call your servicer and ask in writing.

Deadlines and how to count them

  • The servicer has 5 business days after recording the Notice of Default to send the letter. Business days skip weekends and holidays.
  • When you send any document for a first lien loan modification, the servicer must acknowledge it in writing within 5 business days. The first acknowledgment must give an estimate of when it will decide, any deadlines for missing papers, and any expiration dates for documents you sent (Civil Code section 2924.10).
  • Your application counts as complete when you have supplied every document the servicer asked for within the reasonable time it set (Civil Code section 2924.10(b)).
  • The California cutoff for the sale pause is at least 5 business days before the scheduled sale. The federal review rule is more protective if your complete application arrives more than 37 days before the sale, so aim for that.

What to do this week

  • Call the number in the letter and ask for the application package, or download it if the letter gives a website.
  • Gather proof of income, bank statements, tax returns and a hardship letter, and send everything the servicer lists.
  • Keep copies and proof of delivery. Write down the date of every call and the name of the person you spoke with.
  • With larger servicers you get a single point of contact, one person or team who must know your file (Civil Code section 2923.7). Ask who it is.
  • Get free help filling out the forms from a HUD-approved housing counselor at (800) 569-4287.

If the servicer gets it wrong

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 (Civil Code section 2924.12). That takes a lawsuit, so talk to legal aid through LawHelpCA or a licensed attorney. You can also complain to the Department of Financial Protection and Innovation (DFPI) at 1-866-275-2677 or report a Homeowner Bill of Rights problem to the California Attorney General. See California foreclosure help and how to stop a foreclosure in California.

Common questions

Does every California servicer have to send this letter?

No. Civil Code section 2924.9 does not apply to smaller servicers that foreclosed on 175 or fewer California homes in the past year, and it covers only first mortgages on owner-occupied homes of 1 to 4 units. You can still ask any servicer for an application.

What is the deadline to apply so my California sale is paused?

A complete first lien loan modification application must reach the servicer at least 5 business days before a scheduled sale for the California pause to apply (Civil Code sections 2923.6 and 2924.18). Apply much earlier if you can.

How do I know my California application is complete?

It is complete when you have sent every document the servicer asked for within the reasonable time it set (Civil Code section 2924.10). The servicer must tell you in writing within 5 business days what it received and what is missing.

Other California letters

Sources

  1. Cal. Civ. Code § 2924.9 (letter after a notice of default)
  2. Cal. Civ. Code § 2924.10 (written acknowledgment)
  3. Cal. Civ. Code, Mortgages in General, §§ 2920 to 2944.10 (includes §§ 2923.6, 2923.7, 2924.12, 2924.15, 2924.18)
  4. California Attorney General: California Homeowner Bill of Rights
  5. California Courts Self-Help Guide: Your rights in a nonjudicial foreclosure

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