Understanding the Timeline of Foreclosure in California, and When to Take Action

Facing the risk of foreclosure can be one of the most stressful experiences a homeowner endures. If you are struggling with declining income, overwhelming medical debt, or unexpected financial burdens, the thought of losing your home can feel devastating. California’s foreclosure process is notably swift and primarily nonjudicial, meaning it unfolds without court oversight.

Learning how this process works and why acting early, especially with sound legal guidance, is critical to protecting your home.

California’s Nonjudicial Foreclosure Process

Unlike many states that require lenders to go through the courts, California most often uses a nonjudicial foreclosure process. This allows lenders to initiate foreclosure without a judge’s approval, which speeds up the entire timeline. Once the process begins, homeowners may have only a few months before their home is sold at auction.

Stage One: Notice of Default

The foreclosure process typically begins when the lender records a Notice of Default. This notice is mailed to the homeowner and details how much is owed. From this point, the borrower has at least 90 days to “cure” the default by paying the overdue amount.

This is often the most important stage to take action. During the 90-day reinstatement period, homeowners can explore alternatives such as loan modifications, repayment plans, or negotiated agreements with their lender. Working with an attorney early in the process may increase the likelihood of finding a workable solution.

Stage Two: Notice of Trustee’s Sale

If the homeowner does not resolve the default, the lender may move forward by recording a Notice of Trustee’s Sale. This sets a date for the property to be sold at public auction and provides at least 20 days’ notice before the sale occurs.

The notice is mailed, posted at the property, and published in a local newspaper. At this point, the timeline accelerates, and legal options become more limited. Some homeowners may still stop foreclosure through bankruptcy protection, last-minute negotiations, or other legal remedies, but waiting this long significantly narrows the available strategies.

Stage Three: Trustee’s Sale

If no resolution is reached, the property is sold at auction. The trustee’s sale is usually held at a county courthouse or another designated public location. Once the sale occurs, ownership transfers to the highest bidder or, in some cases, back to the lender.

After the sale, the homeowner generally loses the ability to regain the property. This outcome can lead to eviction proceedings and long-term financial consequences.

The Importance of Acting Early

From start to finish, California’s foreclosure process can move in as little as 110 to 120 days. That means a homeowner could lose their property in under four months from the recording of the Notice of Default. Acting quickly provides the best opportunity to protect your home and explore meaningful alternatives.

By contacting a Los Angeles foreclosure lawyer as soon as you fall behind on payments or receive a foreclosure notice, you can develop a strategy before options disappear. An attorney can help you evaluate solutions such as loan modifications, forbearance agreements, short sales, or even bankruptcy protection, depending on your situation.

Legal Protections for Homeowners

California has laws in place to help protect homeowners from unfair foreclosure practices. The California Homeowner Bill of Rights, for example, ensures that borrowers have clear communication with their lenders and prevents lenders from pursuing foreclosure while a loan modification is under review. Homeowners should also be aware of foreclosure scams that target individuals in financial distress. Working with a trusted attorney ensures you receive legitimate guidance and protection.

The Emotional Weight of Foreclosure

Beyond the financial and legal consequences, foreclosure carries significant emotional weight. Families may feel fear, shame, and uncertainty about their future. Children may also be deeply affected by the possibility of losing their home and community. Acknowledging these feelings and taking proactive steps toward a solution can help homeowners regain a sense of control. With the right support, you do not have to face this situation alone.

Contact Wadhwani & Shanfeld

If you are behind on your mortgage payments or have received a foreclosure notice, the most important step you can take is to act now. At Wadhwani & Shanfeld, our attorneys understand the urgency of foreclosure cases and the stress they bring to families. By consulting with a Los Angeles foreclosure lawyer early, you can protect your home, safeguard your rights, and work toward a brighter financial future.

Call us today to schedule a consultation and learn how we can help you navigate this difficult time.

Sources:
oag.ca.gov/consumers/homeowner-issues

oag.ca.gov/hbor