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Foreclosure Process: Overview and Timeline

1. Default Notice (Notice of Default)

What Happens?
When a homeowner misses several mortgage payments (usually 3 to 4 months), the lender files a Notice of Default (NOD) with the county recorder’s office. This officially begins the foreclosure process and notifies the homeowner of the missed payments and default status.
Timeline:
Typically, the NOD is recorded about 3 months after missed payments. Once recorded, the homeowner has at least 90 days to resolve the default or sell the property.

2. Foreclosure Warning & Default Resolution Period

What Happens?
During this period, homeowners may attempt to cure the default by paying the overdue amount, entering into a workout plan, or even selling the property.
Timeline:
The homeowner has at least 90 days from the Notice of Default before the lender can proceed to auction, giving time to work out a solution.

3. Notice of Sale / Auction

What Happens?
When the default isn’t cured, the lender records a Notice of Sale (also called a Notice of Trustee’s Sale) at least 20 days prior to the auction. This notice contains details about the date, time, and place of the auction.
Timeline:
The auction must be held at least 20 days after the Notice of Sale is recorded, often scheduled about 21 to 30 days later.

4. The Auction (Trustee Sale)

What Happens?
On the scheduled date, the property is sold at a public auction, where the highest bidder wins.
Timeline:
The sale generally occurs about 90 days after the Notice of Sale, depending on county procedures.

5. Post-Sale & Redemption Period

What Happens?
After the auction, the winning bidder receives a Trustee’s Deed upon Sale (or similar document), transferring ownership.

Helpful Links for understanding the Foreclosure Process

California Department of Real Estate (DRE) – Foreclosure Information

https://www.dre.ca.gov/Consumers/Foreclosure/

Provides an overview of foreclosure laws and consumer protections in California.

California Civil Code - Foreclosure Laws

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=&part=4.&chapter=10.&article=

The legal statutes that govern foreclosure procedures.

California Foreclosure Laws & Procedures (Legal Information Institute)

https://www.law.cornell.edu/wex/foreclosure (Note: General info, not CA-specific but useful for understanding foreclosure basics.)

California Consumer Financial Protection Law (CFPA)

Foreclosure Protections
https://dfpi.ca.gov/

California Homeowner’s Guide to Foreclosure (California attorney general)

https://oag.ca.gov/sites/oag.ca.gov/files/consumer-alerts/fho_guide.pdf

A helpful publication explaining homeowners' rights and the foreclosure process.

Nationwide Tiered Foreclosure Timeline - California

https://www.legalmatch.com/law-library/article/california-foreclosure-process.html

An overview of the step-by-step foreclosure process specific to California.

California Mortgage Foreclosure Law (California Law Review)

https://clrc.ca.gov/

Academic and legal review of foreclosure laws in California.

California Notice of Default (NOD) Process

https://www.fairforeclosurenow.com/overview/statutory-foreclosure-process-california

Explains how the NOD initiates the foreclosure.

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