When The House Is Foreclosed
Civ. Code 2924 — three months after the notice of default before notice of sale
In California, a home under a deed of trust is usually sold by the trustee under a power of sale. The first step is a notice of default recorded with the county recorder, stating the breach and the election to sell.
Three months before the notice of sale. Not less than three months shall elapse from the filing of the notice of default before the notice of sale is given. A notice of sale may be recorded up to 5 days before the three months run out, so long as the sale date is no earlier than three months and 20 days after the notice of default was recorded.
Who can start it. Only the holder of the beneficial interest, the original or substituted trustee, or the designated agent of the holder of the beneficial interest may record a notice of default or otherwise start the foreclosure process.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe trustee can sell a few weeks after a default | What the law actually doesThree months after the notice of default before notice of sale |
| The assumptionAnyone holding paperwork can start a foreclosure | What the law actually doesOnly the holder of the beneficial interest, the trustee, or the holder's designated agent |
Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed California attorney.
Sources for this section (1)
- Civ. Code 2924 — Power of sale: notice of default and the time before notice of sale
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.