FORECLOSURE TIME LINE
FOR CALIFORNIA (NON-JUDICIAL)
The timeline displayed here is typical in a California non-judicial foreclosure. The foreclosure time line does not begin until the lender feels they have exhausted all avenues for curing the payment delinquency. Normally, this happens after the borrower has missed three monthly mortgage payments and the Notice of Intent to Foreclose has expired. The lender will try to contact the borrower several times prior to beginning the foreclosure process. The lawful foreclosure process then begins by the lender contacting a Trustee and instructing that a Notice of Default be filed.
Calendar | Action |
|---|---|
Home (Day 1-3) | Notice of Default recorded with the county recorder. |
Within 10 business days | The Trustee mails the Notice of Default to the borrower(s) and any person with a Special Request for Notice. |
Within 1 month | The Notice of Default is mailed to all parties with an interest in the title. |
After 3 months* | The sale date is established. |
25 days before the sale date | The Notice of Sale is sent to the IRS (if applicable). |
20 days before the sale date | The Notice of Sale is published. The Notice of Sale is placed. The Notice of Sale is sent by mail. The Notice of Sale begins to be published in an awarded newspaper (it must be published for 3 consecutive weeks). |
14 days before the sale date | The Notice of Sale is recorded in the county recorder's office. |
7 days before the sale date | The Trustee cannot sell for 7 days after the bankruptcy court order expires. |
5 business days before the sale date | The borrower's right to reinstate expires. |
Sale date | The property is sold to the highest bidder or reverts to the lender. |
California's new law extends the time period before filing a notice of sale by 90 days beyond the current period of three months after filing a notice of default. The extended time period applies to owner-occupied homes where the first loan was recorded between January 1, 2003 and January 1, 2008. For more information, consult an attorney and the Foreclosure Prevention Act California Mortgage Companies (Assembly Bill 7 of the Second Special Session – ABX2 7).
Issues directly related to foreclosure are set forth in California law. Information is deemed reliable but is not guaranteed and is subject to change. (02/08 LB)
