- Who sends it
- The trustee named in your deed of trust or its agent, by certified or registered mail, posting, recording and newspaper notice
- What it starts
- The countdown to a trustee's sale at least 20 days away
- Do this first
- Check the sale date using the phone number or website and file number on the notice, then count back 5 business days
What this document is in California
California law calls it a notice of sale (Civil Code sections 2924 and 2924f), and it announces a trustee's sale. It can be given only after at least 3 months have passed since the Notice of Default was recorded. The sale must be at least 3 months and 20 days after that recording.
It must give the time of sale, the street address and specific place of the auction, a description of the property with its street address and assessor's parcel number, the trustee's name, a California street address and a phone number, and the total unpaid balance plus estimated costs. For a home with 1 to 4 units it must also include a NOTICE TO PROPERTY OWNER about postponements, a NOTICE TO POTENTIAL BIDDERS and a NOTICE TO TENANT about the right of some buyers to bid after the auction.
Your copy must come with a "Summary of Key Information" in English and other languages that shows the total amount due and the scheduled date, time and place of the sale (Civil Code section 2923.3).
What it does and does not mean
- It does not mean the home is sold or that you must leave now. After a sale, the new owner still needs a 3-day notice to quit and a court case to remove you.
- Sales are held at auction in your county between 9 a.m. and 5 p.m. on a business day, Monday through Friday (Civil Code section 2924g).
- Sales are often postponed. The notice must list a phone number or website and a file number where you can check, free, 24 hours a day. The notice itself says very short or last-minute postponements may not show up there right away, and that attending the scheduled sale is how to confirm.
- Postponements can add up to 365 days from the date in the notice. After that, a new Notice of Sale is required (Civil Code section 2924g(c)).
- On a first mortgage for a home with 1 to 4 units, the first auction cannot sell for less than 67 percent of fair market value. If no bid reaches that, the sale is put off at least 7 days (Civil Code section 2924f(f)).
The deadlines that still matter and how to count them
- 20 days: the notice must be mailed, posted on the property, posted in a public place, recorded and first published at least 20 days before the sale (Civil Code sections 2924b and 2924f). The California Courts self-help page says 21 days; the statute says 20.
- 5 business days before the sale: your right to reinstate (pay what is past due plus allowed costs) ends (Civil Code section 2924c(e)). Count back from the sale date, skipping Saturdays, Sundays and holidays, and pay well before that day.
- 5 business days before the sale: a complete first lien loan modification application received by then pauses the sale while it is pending (Civil Code sections 2923.6 and 2924.18).
- 5 business days before the sale: if the trustee receives your listing agreement with a California licensed real estate broker by certified mail or tracked overnight courier, the sale must wait 45 more days, one time only (Civil Code section 2924f(e)).
- Postponed sale: if a sale on your first mortgage is postponed at least 10 business days, you must get written notice of the new date within 5 business days (Civil Code section 2924(a)(5)). A postponement of more than 5 business days revives your right to reinstate until 5 business days before the new date.
See a sale date is set in California for the full list.
What to do today
- Use the phone number or website and file number on the notice to confirm the date, and check again the day before.
- Ask your servicer and the trustee in writing for a reinstatement amount and a payoff amount.
- If you have not applied, send a complete loan modification application now and tell the trustee it is pending.
- If selling is your plan, sign a listing agreement with a licensed broker and send it to the trustee as the law requires, at least 5 business days ahead.
- Ask your servicer to postpone. The trustee must postpone when you and the lender agree, orally or in writing, but the lender can say no (Civil Code section 2924g(c)).
- Call legal aid through LawHelpCA or a lawyer through the State Bar of California lawyer referral services. Bankruptcy also stops a sale; talk to a licensed bankruptcy attorney first. See how to stop a foreclosure in California.
Scams tied to a sale notice
- Sale notices are published in the newspaper, so expect offers. Do not sign your deed over to anyone who promises you can stay and buy it back later. The California Attorney General calls this a scam.
- If someone offers to buy your home while it is in foreclosure, you can cancel that contract until midnight of the fifth business day after signing or 8 a.m. on the sale day, whichever comes first (Civil Code section 1695.4).
- A HUD-approved housing counselor helps for free. Report problems to the Attorney General's Public Inquiry Unit at (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 much notice do I get before a California trustee's sale?
The Notice of Sale must be mailed, posted, recorded and first published at least 20 days before the sale (Civil Code section 2924f), and the sale cannot be sooner than 3 months and 20 days after the Notice of Default was recorded (Civil Code section 2924).
Can I still catch up after a California Notice of Sale?
Yes, until 5 business days before the sale date (Civil Code section 2924c). After that there is no right to reinstate for that date, though the California Courts say you can still pay off the whole loan plus fees up to the day of the sale.
My California sale date passed and nothing happened. What now?
The sale was probably postponed. Check the phone number or website and file number on your notice. Postponements are announced at the sale location, and on a first mortgage you must get written notice within 5 business days of a postponement of 10 business days or more.
Can listing my house stop a California trustee's sale?
It can delay it once. If the trustee receives your listing agreement with a California licensed broker at least 5 business days before the sale, sent by certified mail or tracked overnight courier, the sale must wait 45 more days (Civil Code section 2924f(e)). This rule is set to end January 1, 2031 unless extended.
Other California letters
- Notice of DefaultIn 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.
- 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 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, Mortgages in General, §§ 2920 to 2944.10 (includes §§ 2924f and 2924g as in effect until January 1, 2031)
- Cal. Civ. Code § 2924
- Cal. Civ. Code § 2924b
- Cal. Civ. Code § 2924c
- Cal. Civ. Code § 2923.3
- California Courts Self-Help Guide: Your rights in a nonjudicial foreclosure
- California Attorney General: Foreclosure Rescue Scams