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Foreclosure and tax sales in California

What our research shows about California's rules. General information with sources — not legal advice, and not a reading of your papers.

CoreResearched in depth, key rules checked against the official text.Research last reviewed 2026-09-22
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How foreclosure works

Usual process
Nonjudicial (out of court)
From a reputable summary[1][2]
Allowed processes
Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes
Cal. Civ. Code § 2923.5; Cal. Civ. Code § 2923.55; Cal. Civ. Code § 2923.6; Cal. Civ. Code § 2924; Cal. Civ. Code § 2924b; Cal. Civ. Code § 2924c; Cal. Civ. Code § 2924f; Cal. Civ. Code § 2924g; Cal. Code Civ. Proc. § 580d
From a reputable summary[1]
Typical length (estimate)
Not researched yet for this state.

The usual timeline

  1. +At least 120 days

    Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind

    Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.

    Checked against the official text12 CFR § 1024.41(f)(1)
  2. +At least 90 days

    Notice of default / right to cure — at least 90 days before the next step

    Before recording a notice of default the servicer must contact you (or make diligent attempts) at least 30 days ahead to discuss options. After the notice of default is recorded, at least three months must pass before a notice of sale can be given.

    Checked against the official textCIV § 2924

  3. Notice of sale — at least 20 days before the sale

    The notice of sale is mailed by registered or certified mail, posted on the property and in a public place, and published once a week for three consecutive calendar weeks — all at least 20 days before the sale.

    Checked against the official textCiv. Code §§ 2924f, 2924g
  4. +At least 20 days

    Foreclosure sale

    At auction between 9 a.m. and 5 p.m. on any business day, Monday through Friday. Since 2025 a first-lien sale of a 1–4 unit home cannot close at the first scheduled sale for less than 67% of fair market value, and a listing or purchase agreement delivered 5 business days before the sale can postpone it 45 days (once).

    Checked against the official textCiv. Code §§ 2924f, 2924g

  5. Redemption window

    None after a nonjudicial trustee sale. After a judicial foreclosure sale, redemption runs 3 months (if the sale covered the debt) or 1 year (if it did not).

    Checked against the official textCCP § 729.030

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notices and the sale

Notice before foreclosure
At least 90 daysBefore recording a notice of default the servicer must contact you (or make diligent attempts) at least 30 days ahead to discuss options. After the notice of default is recorded, at least three months must pass before a notice of sale can be given.

“Not less than three months shall elapse from the filing of the notice of default.” (Civ. Code § 2924(a)(2)). The timeline uses 90 days as the shortest reading of three months.

Checked against the official text[3][4][1]
Notice of sale
At least 20 daysThe notice of sale is mailed by registered or certified mail, posted on the property and in a public place, and published once a week for three consecutive calendar weeks — all at least 20 days before the sale.

Civ. Code §§ 2924b, 2924f

Checked against the official text[5][1]
Publication
Newspaper of general circulation once a week for three consecutive calendar weeks, first publication at least 20 days before the sale.
Checked against the official text[5]
When sales happen
At auction between 9 a.m. and 5 p.m. on any business day, Monday through Friday. Since 2025 a first-lien sale of a 1–4 unit home cannot close at the first scheduled sale for less than 67% of fair market value, and a listing or purchase agreement delivered 5 business days before the sale can postpone it 45 days (once).

Civ. Code §§ 2924f, 2924g

Checked against the official text[5][1]
Time to answer the lawsuit
30 days

A written response is due within 30 days after the summons is served.

Checked against the official text[9]
Court confirms the sale
Not researched yet for this state.

Your rights before and after the sale

Catching up (reinstatement)
You may reinstate from the recording of the notice of default until five business days before the sale date in the recorded notice of sale.
Checked against the official text[6][1]
Buying the home back (redemption)
LimitedNone after a nonjudicial trustee sale. After a judicial foreclosure sale, redemption runs 3 months (if the sale covered the debt) or 1 year (if it did not).
Checked against the official text[7][1][2]
Owing money after the sale (deficiency)
LimitedNo deficiency may be owed or collected after a sale under power of sale (nonjudicial). Judicial foreclosures follow separate anti-deficiency rules.
Checked against the official text[8][1]
Mediation
Not researched yet for this state.

Property tax sales

Tax sale system
Tax deed sale
From a reputable summary[10]
How it works
Taxes unpaid on July 1 make the property “tax-defaulted.” After five years in default (three for a nuisance-abatement lien) the county tax collector gains the power to sell at public auction. Notice is mailed 45–120 days before the sale, and an owner-occupant must be contacted in person or served.
Checked against the official text[11][10]
Redeeming after a tax sale
The five-year period is BEFORE the sale. The right to redeem ends at the close of business on the last business day before the sale; there is no redemption after the sale (it revives if the property does not sell).
Checked against the official text[12][10]
Relief programs
  • Senior Citizens and Disabled Citizens Property Tax Postponement (State Controller) — Lets eligible seniors, blind or disabled homeowners postpone property taxes on their home. Check current age, income and equity limits with the State Controller.

The Controller’s page blocked our automated check; eligibility details were not confirmed.

Not confirmed — check it[13]
Payment plans
A five-year installment plan of redemption can be started before the tax collector gains the power to sell (until 5 p.m. on the last business day before that date).
Checked against the official text[14]
Surplus after a tax sale
Any party of interest may claim excess proceeds from the county within one year after the tax deed is recorded.

California already returned excess proceeds before Tyler v. Hennepin County (2023).

Checked against the official text[15]

Bankruptcy exemptions

Federal exemption list
State list only (opted out)

California opted out of the federal list, but offers two state systems: System 1 (with the homestead exemption) or System 2 (Code Civ. Proc. § 703.140, modeled on the federal list with a wildcard).

From a reputable summary[16]
Homestead exemption
$300,000 to $600,000 (inflation-adjusted since 2022)The greater of $300,000 or the county median sale price for a single-family home in the prior year, capped at $600,000 — both adjusted annually for inflation.(Cal. Code Civ. Proc. § 704.730)
Checked against the official text[17]

Where to get free help

Free legal aid (LSC-funded)
Checked against the official text[19]
Legal help website

The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.

Not confirmed — check it[20]
State housing agency
Checked against the official text[18]
Attorney general / consumer protection
Checked against the official text[21]
Court self-help
Checked against the official text[22]
HUD-approved housing counselors
HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Sources

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.

  1. [1]Nolo — California Foreclosure Process and Borrower Rightssummary
  2. [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
  3. [3]California CIV § 2924 (official text, leginfo.legislature.ca.gov)CIV § 2924official
  4. [4]California CIV § 2923.5 (official text, leginfo.legislature.ca.gov)CIV § 2923.5official
  5. [5]California Civil Code §§ 2920–2944.10 (official text, leginfo.legislature.ca.gov)Civ. Code §§ 2924f, 2924gofficial
  6. [6]California CIV § 2924c (official text, leginfo.legislature.ca.gov)CIV § 2924cofficial
  7. [7]California CCP § 729.030 (official text, leginfo.legislature.ca.gov)CCP § 729.030official
  8. [8]California CCP § 580d (official text, leginfo.legislature.ca.gov)CCP § 580dofficial
  9. [9]California CCP § 412.20 (official text, leginfo.legislature.ca.gov)CCP § 412.20official
  10. [10]Nolo — California property tax salessummary
  11. [11]California RTC § 3691 (official text, leginfo.legislature.ca.gov)RTC § 3691official
  12. [12]California RTC § 3707 (official text, leginfo.legislature.ca.gov)RTC § 3707official
  13. [13]California State Controller — Property Tax Postponementofficial
  14. [14]California RTC § 4217 (official text, leginfo.legislature.ca.gov)RTC § 4217official
  15. [15]California RTC § 4675 (official text, leginfo.legislature.ca.gov)RTC § 4675official
  16. [16]Nolo — Federal Bankruptcy Exemptions — which states allow the federal listsummary
  17. [17]California CCP § 704.730 (official text, leginfo.legislature.ca.gov)CCP § 704.730official
  18. [18]California Housing Finance Agency | CalHFA (official site, checked live)official
  19. [19]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
  20. [20]LawHelpCAofficial
  21. [21]Protecting Consumers | State of California - Department of Justice - Office of the Attorne (official site, checked live)official
  22. [22]Self-Help Guide to the California Courts | California Courts | Self Help Guide (official site, checked live)official