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California homeowner education • Not affiliated with a lender, trustee, servicer, court or government agency
Document guide · Notice of Default

You received a California Notice of Default. Start with four facts.

The NOD is not the same thing as a Notice of Trustee’s Sale. It is an important recorded step in a nonjudicial foreclosure. Your first job is to identify the recording date, trustee, mortgage servicer and the amount/status the notice describes.

Recorded documentTrustee identifiedServicer may be differentAct early

What a Notice of Default tells you

Recording the NOD begins this stage of a California nonjudicial foreclosure. Civil Code §2924 uses a three-calendar-month period. Its early-recording provision allows a sale notice to be recorded up to five days before that period ends, provided the sale is no earlier than three months and 20 days after the NOD recording. Those are statutory reference points, not a verified sale schedule; reinstatement has separate rules.

Do not confuse the NOD with a sale date.An NOD may not itself be the document that schedules the trustee’s sale. If you later receive a Notice of Trustee’s Sale, that notice contains a scheduled auction date.

Find these four items on the notice

  1. Recording date. This anchors where the recorded foreclosure process stands.
  2. Trustee. The trustee is the entity conducting the foreclosure process under the deed of trust.
  3. Mortgage servicer. The servicer handles the loan and loss-mitigation communication; it can be different from the trustee.
  4. Amounts and contact information. Use the notice and mortgage statement to verify who to call and what is being claimed.

If keeping the home is the priority

CFPB recommends contacting the mortgage servicer right away and also points homeowners to free HUD-approved housing counseling. Depending on the loan and facts, possible loss-mitigation paths can include repayment, forbearance, loan modification, short sale or deed-in-lieu.

If selling is one option

Do not start with “how fast can someone buy it?” Start with the arithmetic: likely market value, liens/debt you can document, condition, access, and the amount of time actually available. A sale that preserves equity can be very different from an investor offer built around urgency.

Later in the process, qualifying California 1–4 unit residential property may be subject to the conditional sale-postponement provisions in Civil Code §2924f. Those provisions have delivery, timing and document requirements and should not be reduced to “listing automatically gives you 45 days.”

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