What Happens After a Notice of Default? The Full California Foreclosure Timeline

If a lender has recorded a Notice of Default (NOD) against your California home, you have a minimum of 90 days from that recording date to catch up on missed payments before the property can be scheduled for a trustee's sale — and under a newer state law, AB 2424, you may be able to add up to 90 more days by choosing to list the home for sale instead of letting it go to auction. Nothing happens overnight after an NOD is recorded: California law builds in several fixed waiting periods specifically so homeowners have real time to catch up, modify their loan, sell, or otherwise resolve the default before losing the property.

What Is a Notice of Default, and What Happens the Day It's Recorded?

A Notice of Default is the first formal step in a California non-judicial foreclosure. It's recorded by the trustee (usually after a borrower falls about 90 days behind on payments and the servicer completes any required loan-modification review) with the County Recorder's office. The trustee must mail a copy to the borrower within 10 business days of recording, and again within one month, so you should never be surprised by a scheduled sale — you'll get official notice first, and this recording date is what starts the reinstatement clock below.

How Many Days Do You Have to Reinstate Your Loan After a Notice of Default?

You have 90 days from the recording date of the NOD to reinstate the loan — meaning you pay the past-due amount plus allowed fees and costs, and the loan continues as if it had never gone into default. During this 90-day window, the lender generally cannot schedule a trustee sale. If you're also in the middle of a loan modification review, California's Homeowner Bill of Rights requires the servicer to complete that review before moving forward with the sale, which can extend this timeline further.

What Happens After the 90-Day Reinstatement Period Ends?

Once the 90 days pass without reinstatement, the trustee can record and publish a Notice of Trustee Sale (NTS). California law requires the sale notice to be published in a newspaper for three consecutive weeks, and posted and mailed at least 20 days before the sale date, with the notice itself recorded at least 14 days before the sale. Your right to simply reinstate the loan (pay only what's past due) generally expires 5 business days before the sale — after that point, only a full payoff of the loan stops it. Add it up, and the statutory minimum from NOD to a trustee sale is roughly 111 days, or about 4 months, though in practice many servicers take considerably longer.

What Is AB 2424, and How Can It Give You More Time to Sell?

Effective for Notices of Trustee Sale recorded on or after January 1, 2025, AB 2424 gives homeowners a one-time right to postpone a scheduled trustee sale by up to 45 days specifically to list the home for sale with a licensed agent, at a price that reflects fair market value or at least the total amount owed. If you receive an accepted offer during that window, you can request a second postponement of up to 45 more days to close the sale — up to 90 extra days in total. To use this right, you must notify the trustee in writing at least 5 business days before the scheduled sale date and provide your listing agent's name. It's a one-time right per Notice of Sale, so timing the request correctly matters.

What Are Your Options Before a Trustee Sale Happens?

Throughout this process you generally have several paths: reinstating the loan, paying it off in full, requesting a loan modification or forbearance from your servicer, selling traditionally with an agent (using the AB 2424 window if you're already past the NTS stage), or pursuing a lender-approved short sale if you owe more than the home is worth. The earlier you reach out to an agent, the more options you typically have to protect your equity rather than losing the home at auction.

Frequently Asked Questions About the California Foreclosure Timeline

How long does the full California foreclosure process take, from Notice of Default to trustee sale?
At minimum about 90 days plus roughly 20 more days of required notice — call it about 4 months — though real-world timelines often run longer, and AB 2424 can add up to 90 additional days if you use it to list your home for sale.

Can I stop a trustee sale once it's already scheduled?
Yes. Up until 5 business days before the sale, you can reinstate the loan by paying the past-due amount and fees. A full payoff of the loan can stop the sale even closer to the scheduled date.

Does AB 2424 apply to every homeowner in foreclosure?
It applies where the Notice of Trustee Sale was recorded on or after January 1, 2025, and it's a one-time right per Notice of Sale — you must request it in writing at least 5 business days before the sale date and name your listing agent.

What happens to any remaining equity after a trustee sale?
If the home sells at auction for more than what's owed, including fees, California law generally requires the surplus be returned to the former homeowner — though the process can take time and typically requires filing a claim.

Updated for September 2026.

This is general information, not legal advice — foreclosure timelines and homeowner protections can vary by lender and change over time, so consult a HUD-approved housing counselor or a real estate attorney before making a decision. Andrea Pazmino-Pace, DRE #02013784.