Foreclosure Timeline

California’s Foreclosure Timeline

The following time-line is applicable for non-judicial California Foreclosures under a Deed of Trust. Foreclosures begin with the Trustor (borrower) not making the monthly payments to the Beneficiary (Lender), the first missed payment is technical default, but in practical terms, most Beneficiaries do not begin the process until the third payment is missed. If the Beneficiary cannot resolve the defaulted payment amount with the Trustor through Forbearance or other Loss Mitigation measures, the Beneficiary will instruct the Trustee to begin Foreclosure proceedings.

Day 1
Notice of Default is filed with the county recorder

 

Within 10 business days
Mail Notice of Default to borrower address

 

Within 1 month
Mail Notice of Default

 

After 3 months
Set Trustee Sale date

 

25 days before Trustee Sale date
Send notice of sale to I.R.S.(when necessary)

 

Within 10 days from 1st publication of Trustee Sale
Send beneficiary request for property directions

 

14 days before Trustee Sale date
Record Notice of Trustee Sale

 

7 days before sale date
If court action, 7day rule may apply

 

5 business days before sale date
Expiration of borrower’s right to re-instate the loan

 

Sale date
Property is sold to highest third party bidder or reverts to Beneficiary at public auction

 

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