California Foreclosure Timeline 2026: From Notice of Default to Auction
You have more time than you might think. California foreclosure takes 6-9 months, and AB 2424 can add up to 90 more days.
California foreclosure typically takes 6 to 9 months from your first missed payment to the auction sale. It can extend to 12 months or more with strategic delays. As of January 2025, Assembly Bill 2424 gives homeowners an additional 90-day postponement simply by listing their home for sale.
If you're reading this, you're already taking an important step. Understanding your timeline puts you back in control of your options.
The Complete California Foreclosure Timeline
Pre-Foreclosure Period
Days 1-120Days 1-36: First Missed Payment
Your servicer must attempt to contact you within 36 days of your first missed payment to discuss options. This is required by federal law (12 C.F.R. § 1024.39).
Days 37-45: Written Notice
The servicer must send you written information about loss mitigation options (loan modification, forbearance, etc.) within 45 days of your first missed payment.
Days 46-120: Contact Attempts Continue
Under California's Homeowner Bill of Rights, your servicer must make personal contact (phone or in-person) to discuss foreclosure alternatives before they can file a Notice of Default. They must also wait at least 30 days after this contact before filing.
Federal law prohibits servicers from starting formal foreclosure until you're more than 120 days delinquent. This gives you roughly 4 months before the clock officially starts.
Notice of Default (NOD)
Day 120+What Happens:
The foreclosure trustee records a Notice of Default with your county recorder's office. You'll receive a copy by mail within 10 business days.
Your Timeline: You have 90 days from the NOD recording date to "cure" the default by paying all missed payments, late fees, and legal costs.
Your Rights During This Period:
- Request a loan modification (servicer can't proceed while application is pending)
- Explore forbearance options
- List your home for sale
- Negotiate with your lender
The 90-day reinstatement period is when you have the most paths forward. If you're at this stage, now is a good time to explore what's available to you.
Notice of Trustee's Sale (NTS)
Day 210+What Happens:
If you haven't cured the default within 90 days, the trustee can record a Notice of Trustee's Sale, scheduling your auction date.
Timeline Requirements:
- The auction must be at least 21 days after the NTS is recorded
- The notice must be posted on your property
- The notice must be published in a local newspaper for 3 consecutive weeks
- You must receive a copy by mail
From NTS to auction is typically 21-30 days, but can be longer depending on publication requirements and trustee scheduling.
Foreclosure Auction
Day 231+What Happens:
Your property is sold at public auction to the highest bidder. The auction occurs at the location specified in the Notice of Trustee's Sale (typically the county courthouse or a designated auction site).
Auction Rules:
- Must occur on a business day between 9 AM and 5 PM
- Highest bidder wins (often the lender using a "credit bid")
- New owner takes title immediately
After the Auction:
If someone else buys your home, you'll receive a 3-day notice to vacate. If the lender takes the property (REO), the eviction timeline may be slightly longer.
If you're somewhere on this timeline and feeling uncertain about your next step, you don't have to figure it out alone.
Call (213) 262-5092 for a confidential conversationAB 2424: How to Add 90 Days to Your Timeline
Effective January 1, 2025, California's AB 2424 gives you two powerful postponement tools.
First Postponement: Listing Agreement (+45 Days)
How It Works:
Submit a valid listing agreement with a California-licensed real estate broker to the foreclosure trustee at least 5 business days before your scheduled auction.
Requirements:
- Listing agreement must be with a licensed California broker
- Property must be listed on a publicly available marketing platform (MLS)
- Must be submitted at least 5 business days before sale date
- Can only be used ONCE
Second Postponement: Purchase Agreement (+45 Days)
How It Works:
Once you have a buyer, submit a bona fide purchase agreement to the trustee at least 5 business days before the rescheduled sale date.
Requirements:
- Must be a legitimate, fully executed purchase agreement
- Purchase price must equal or exceed total debt secured by the property
- Must be submitted at least 5 business days before sale date
- Can only be used ONCE
Total AB 2424 Protection: Up to 90 Days
| Postponement | Trigger | Days Added |
|---|---|---|
| First | Listing Agreement | +45 days |
| Second | Purchase Agreement | +45 days |
| Total | Both | +90 days |
Not sure if AB 2424 applies to your situation? Every foreclosure is different. I'm happy to look at your timeline and walk you through your options.
Call (213) 262-5092 for a free timeline reviewAdditional Delays: Other Ways to Extend Your Timeline
Loan Modification Application
Under California law, if you submit a complete loan modification application at least 5 business days before the sale, the servicer can't proceed until they've made a decision and any appeal period has expired.
Bankruptcy Filing
Filing Chapter 7 or Chapter 13 bankruptcy triggers an "automatic stay" that immediately stops foreclosure proceedings. Chapter 13 can allow you to catch up on payments over 3-5 years while keeping your home.
AB 238 Wildfire Relief (2025) Up to 12 Months
If you were affected by the January 2025 LA wildfires (Eaton Fire, Palisades Fire), you may qualify for up to 12 months of mortgage forbearance under AB 238. Contact your mortgage servicer to request forbearance by simply affirming financial hardship due to the fires.
The 67% Minimum Bid Rule
AB 2424 also prohibits the trustee from accepting any bid at the initial auction that's less than 67% of fair market value. If no qualifying bid is received, the sale must be postponed at least 7 days.
Visual Timeline: Standard vs. Extended
Standard Timeline (No Delays)
Day 120 → Notice of Default Filed
Day 210 → Notice of Trustee's Sale Filed
Day 231 → Foreclosure Auction
= ~7.5 months total
Extended Timeline (With AB 2424)
Day 120 → Notice of Default Filed
Day 210 → Notice of Trustee's Sale Filed
Day 226 → Submit Listing Agreement (5 days before sale)
Day 231 → Original Auction Date (POSTPONED)
Day 271 → Submit Purchase Agreement (5 days before)
Day 276 → Rescheduled Auction Date (POSTPONED)
Day 321 → Final Extended Auction Date
= ~10.5 months total
Critical Deadlines to Remember
| Deadline | Action Required | Why It Matters |
|---|---|---|
| 5 business days before sale | Submit listing agreement | Triggers first 45-day postponement |
| 5 business days before postponed sale | Submit purchase agreement | Triggers second 45-day postponement |
| 90 days after NOD | Reinstatement deadline | Last chance to catch up on payments |
| Before NOD filed | Apply for loan modification | Best chance for approval |
Frequently Asked Questions
Can I reinstate my loan after the Notice of Trustee's Sale is filed?
Yes. Under California law, you can reinstate your loan up to 5 business days before the scheduled foreclosure sale by paying all amounts due plus costs.
What happens if the foreclosure sale is postponed multiple times?
Each postponement resets the clock. However, the AB 2424 listing agreement and purchase agreement postponements can each only be used once.
How do I find out when my foreclosure sale is scheduled?
The date is listed on your Notice of Trustee's Sale. You can also check with the county recorder's office or the foreclosure trustee listed on your documents.
Does the timeline change if I have a second mortgage?
Each loan can be foreclosed separately. If your second mortgage holder forecloses, the first mortgage typically remains in place (you'd still owe it).
What if I'm also behind on property taxes?
Property tax foreclosure follows a different timeline (typically 5 years of delinquency before auction in California). Mortgage foreclosure can proceed independently.
You're Not Alone in This
Each stage of this timeline comes with different options. The earlier we connect, the more paths we can explore together. Whether you've just received a Notice of Default or your auction is scheduled for next month, I'm here to help you understand what's possible.
Let's Talk Through Your TimelineConfidential conversation. No pressure. No judgment.
Disclaimer: This article provides general information about California foreclosure timelines and is not legal advice. Timelines can vary based on servicer practices, court schedules, and individual circumstances. Consult with a qualified attorney for advice specific to your situation.
