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California · ForeclosureCalifornia trustee's sale: a recorded notice of default, three months, then the notice of sale

Before a power of sale in a California mortgage or deed of trust can be exercised, the trustee, mortgagee or beneficiary must record a notice of default in each county where the property lies, identifying the deed of trust and stating the breach and the election to sell (Civil Code §2924(a)(1)). Not less than three months must pass from recording of the notice of default (§2924(a)(2)); after that, notice of sale is given stating the time and place, in the manner and for the time set in §2924f (§2924(a)(3)). The notice of sale may be recorded up to 5 days before the three months end, provided the sale date is no earlier than three months and 20 days after the notice of default was recorded (§2924(a)(4)). A monetary default may be reinstated at any time from recording of the notice of default until five business days before the sale date in the initial recorded notice of sale (§2924c(e)).

What the statutes set

  1. Notice of default (§2924(a)(1))

    Recorded in each county; states the breach and the election to sell.

  2. Three months (§2924(a)(2))

    Minimum time from recording before notice of sale.

  3. Early notice of sale (§2924(a)(4))

    Up to 5 days early if the sale is 3 months and 20 days after the notice of default.

  4. Reinstatement (§2924c(e))

    Until five business days before the sale date in the first notice of sale.

What the TC tracks when a California listing is in foreclosure

  • Pull the recorded notice of default and any notice of sale from the title report.
  • Calendar the reinstatement cutoff: five business days before the sale date in the first recorded notice of sale.
  • Get the beneficiary's payoff or the short sale approval before the sale date.

Questions about California trustee's sales

How long after a notice of default can a California trustee's sale happen?

At least three months must pass from recording of the notice of default before notice of sale is given, and an early-recorded notice of sale needs a sale date at least three months and 20 days after the notice of default (Civ. Code §2924(a)).

Until when can a California borrower reinstate?

Until five business days before the sale date set in the initial recorded notice of sale (Civ. Code §2924c(e)).

Track the reinstatement cutoff and the sale date as tasks on the deal in ClosingCode.

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Sources: Civil Code §§2924, 2924c (leginfo.legislature.ca.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.