California Foreclosure Timelines

          In California the vast majority of foreclosures are done outside of the court system.  This is called a non-judicial foreclosure.  In other states, such as Hawaii, it is more common for the foreclosure to be done through the court system (where an actual lawsuit is filed in court).  This is called a judicial foreclosure. 

          The law surrounding foreclosures here in California is currently evolving, and there are new requirements about notices that a homeowner is supposed to receive prior to the first step in the foreclosure process (these are a topic for a post on a different day.  This post will just outline the basic timelines for a foreclosure starting with the Notice of Default).

          First, a lender must issue a Notice of Default (also referred to as an NOD).  This document is required to tell the homeowner what the default is (ie what the total amount the homeowner is behind in payments).  The NOD must be filed in the county in which the property is located, and it must be mailed to the homeowner.  Usually, about 90 days after the notice of default (give or take a few days) the Notice of Trustee Sale is issued, recorded at the county recorder’s office and mailed to the homeowner.  This document sets forth the actual date that the foreclosure will take place.  The actual sale must be scheduled at least 110 days from the NOD (or about 20 days from the Notice of Trustee Sale).  (See California Association of Realtors Summary for a more in depth look at the timelines).