- Who sends it
- The trustee or the lender's agent records it with your county and mails you a copy by certified or registered mail within 10 business days
- What it starts
- At least 3 months before a sale can be noticed, and at least 3 months and 20 days before any sale
- Do this first
- Write down the recording date stamped on it, then call your servicer and a free HUD-approved housing counselor
What this document is in California
Most California home loans use a deed of trust with a power of sale. That lets a trustee sell the home without a court case. Before it can, Civil Code section 2924 says a Notice of Default must be recorded with the county recorder where your home is. The notice names you and the deed of trust, says a breach has happened, describes each default the lender knows about, and says the lender has chosen to sell.
Civil Code section 2924c requires the notice to begin with the words "IMPORTANT NOTICE" and "IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION." It shows the amount needed to catch up as of a date, and the name, address and phone number of the lender to contact.
For a home with 1 to 4 units, your copy must come with a separate "Summary of Key Information" in English and other languages (Civil Code section 2923.3). For a first mortgage on a home you live in, the recorded notice must also include a declaration that the servicer contacted you, tried with due diligence to reach you, or did not have to (Civil Code sections 2923.5 and 2923.55).
What it does and does not mean
- It does not mean your home has been sold or that you must move. A separate Notice of Sale has to come first.
- It is public. Anyone can see it in the county records, which is why rescue offers often start arriving now.
- It starts the clock for the earliest sale date and for your right to reinstate (catch up).
- It does not end your chance to apply for help. 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 your servicer is a larger one, it must send you a letter within 5 business days about options to avoid foreclosure. See the foreclosure prevention alternatives letter.
The deadlines it starts and how to count them
- Count from the recording date stamped on the notice, not the day it reached you. The mailed copy must show that date.
- At least 3 months must pass after recording before notice of sale is given. The trustee may record the Notice of Sale up to 5 days early, but the sale date must be at least 3 months and 20 days after the Notice of Default was recorded (Civil Code section 2924(a)(2) to (4)). Example: a notice recorded on October 1, 2026 means no sale before about January 21, 2027.
- You can reinstate from the recording date until 5 business days before the sale date in the Notice of Sale (Civil Code section 2924c(e)). Business days skip Saturdays, Sundays and holidays. There is no right to reinstate in the last 5 business days.
- If the sale is later postponed by more than 5 business days, the right to reinstate comes back until 5 business days before the new date.
- The notice itself says that, on your written request, the lender will give you a written itemization of the amount you must pay.
See how long foreclosure takes in California for the full timeline.
What to do this week
- Find the recording date on the notice and mark the earliest possible sale date on a calendar.
- Write to the lender named in the notice and ask for an itemized reinstatement amount. Keep a copy.
- Ask your servicer for a loan modification application and send every document it asks for, in a way you can prove. Larger servicers must confirm what they got within 5 business days (Civil Code section 2924.10).
- Keep paying property taxes and insurance if you can. The notice warns that the lender can make you prove these are paid before it accepts reinstatement.
- Call a free HUD-approved housing counselor at (800) 569-4287, and find free legal aid through LawHelpCA. The California foreclosure help page lists more.
- Read how to stop a foreclosure in California for every option and its cutoff.
Scam warnings tied to this notice
Because the notice is recorded, people who read county records may contact you. The California Attorney General warns homeowners not to transfer title or sell the house to a "foreclosure rescuer" who promises you can rent it and buy it back later.
- A foreclosure consultant cannot charge or collect any fee until every promised service is done, and must be registered with the California Department of Justice (Civil Code sections 2945.4 and 2945.45).
- You can cancel a foreclosure consultant contract until midnight of the fifth business day after you sign (Civil Code section 2945.3).
- If you paid or signed over property to a rescuer, the Attorney General asks you to file a complaint with its Public Inquiry Unit or call (800) 952-5225.
The rest of the California process
See how foreclosure works in California, the timeline, ways to stop it and free help in California, or read the national guide to this letter.
Common questions
How long do I have after a California Notice of Default?
At least 3 months after it is recorded before a Notice of Sale can be given, and the sale itself cannot be sooner than 3 months and 20 days after recording (Civil Code section 2924). You can catch up until 5 business days before the sale date.
The California Courts say I have 90 days. The notice says 3 months. Which is right?
Both point to the same period. The statute says not less than three months after recording, and the notice itself says no sale date may be set until approximately 90 days from recording. Count from the recording date shown on the notice.
Can someone I trust get copies of my California foreclosure notices?
Yes. A family member, a HUD-certified housing counselor or an attorney can record a request for copies of any Notice of Default and Notice of Sale (Civil Code section 2924b). Your servicer must tell you about this during its first contact (Civil Code section 2923.5).
My Notice of Default came without the summary sheet. Does that matter?
For a home with 1 to 4 units, Civil Code section 2923.3 says failing to give you the summaries has the same effect as if the notice were incomplete or not provided. Show the papers to legal aid or a licensed attorney quickly.
Other California letters
- Letter about foreclosure prevention alternativesAfter 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.
- Notice of SaleA 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.
- Notice of surplus proceeds after a trustee's saleIf 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.
- 3-day notice to quit after a foreclosure saleAfter 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.
- 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.
Sources
- Cal. Civ. Code § 2924
- Cal. Civ. Code § 2924c (notice text and reinstatement)
- Cal. Civ. Code § 2924b (mailing and requests for notice)
- Cal. Civ. Code § 2923.3 (summary of key information)
- Cal. Civ. Code § 2923.5 (contact before a notice of default)
- Cal. Civ. Code § 2924.10 (acknowledgment of application documents)
- Cal. Civ. Code, Mortgages in General, §§ 2920 to 2944.10 (includes §§ 2923.6, 2924.15, 2924.18)
- California Courts Self-Help Guide: Your rights in a nonjudicial foreclosure
- California Attorney General: Foreclosure Rescue Scams