A scheduled trustee’s sale has a real deadline
California home loans commonly use a deed of trust, so most mortgage foreclosures run without a court lawsuit through the trustee named in that document. After the trustee records a notice of default, a 90-day period to catch up comes before a notice of sale can follow. The notice of sale must be posted, published, and recorded at least 20 days before the public auction, called a trustee’s sale.
You can usually reinstate the loan by catching up until five business days before the sale, or pay off the loan up to the sale itself. A trustee may postpone the sale at the lender’s instruction or by agreement; for 1–4 unit homes, state law also allows limited 45-day postponements tied to a broker listing and a qualifying purchase agreement. There is no right of redemption after a nonjudicial trustee’s sale. Have the title company or an attorney confirm the date and payoff from the actual notice. If a trustee's sale is scheduled, tell us the date right away so we can try to close before it.
- California Courts: rights in a nonjudicial foreclosure
- California Civil Code § 2924c: reinstatement
- California Civil Code § 2924f: notice of sale and qualifying postponements
- California Civil Code § 2924g: trustee’s sale and postponement
- California Department of Real Estate: Homeowner’s Guide to Foreclosure
