California Civil Code §§2924f & 2924c · Notice of Trustee's Sale (NOS)
Have a Notice of Trustee's Sale with an auction date?
A Notice of Trustee's Sale (NOS) is the notice that sets your auction date. We help you check your deadlines and look at your options as soon as we can. Free first call. No upfront fees.
What Happens Next · 1 – 2 – 3
How we help in 3 steps
An offer does not stop or pause the auction by itself. Neither does an open escrow. Escrow is the neutral company that holds the money and papers until the sale closes. Only your lender, the trustee, or a court can change a sale date.
Step 1: Tell us what's happening
We check the auction date on your Notice of Trustee's Sale. We also check your deadline for reinstatement. That means catching up on the missed payments and costs so the loan is current again. For some loans that are behind on payments, you have this right. It generally ends five business days before the sale (Civil Code §2924c). Business days are weekdays that are not holidays. Some loans reach their maturity date. That is the date the whole loan comes due. It is also called a balloon payment. If yours has, the rules are different. Catching up on missed payments may not be enough. Ask your lender and a lawyer of your own what you must pay.
Step 2: We review your options with you, in writing
We find out what it takes to pay off your loan in full. We compare that with what the property may sell for today. We do this as soon as we can. Selling before the auction may leave you money after loans and costs are paid. We will show you a written estimate first. The price is not guaranteed.
Step 3: You decide; we coordinate the plan you choose
If you choose to sell, we market the property and open escrow as soon as we can. We send the lender a real purchase offer from a buyer, with proof of funds. An offer or an open escrow does not stop or pause the auction by itself. Contacting us does not change your sale date. We cannot move it. Only your lender, the trustee, or a court can change a sale date. The trustee is the company that runs the sale. Its name is on your notice of sale. If your property is a home with 1 to 4 units, you have a right of your own. It works with any real estate broker licensed in California, not only with us. The law gives this right to the person who signed the deed of trust for the loan. If that was not you, ask a lawyer if the right is yours. You sign a listing agreement with that broker. That is the contract that hires the broker to market your property for sale. The listing must go on a public marketing site. You send the signed agreement to the trustee. Use USPS certified mail. Or use an overnight courier with tracking that shows who signed for it and the date and time it arrived. The trustee must get it at least 5 business days before the sale date. If your sale date was already moved, use the date it was moved to. To be safe, do two things. Skip weekends and holidays when you count the 5 days. Have the listing live by that same day. If you do all of this, the sale cannot happen until 45 days after that sale date. You can use this once (Civil Code §2924f). Our FAQ page has the full steps. It also explains one more delay that may be possible after this one. The agreement must come from you, not from a broker. So you must send it yourself. If it arrives late, or is sent another way, the trustee does not have to wait. Ask a lawyer of your own, or the trustee, how this applies to you.
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Co-Principals · Residential & Commercial
You talk directly with our co-principals. Both work on homes and on commercial property in Southern California.
- Gay-Lynn Chavez — Co-Principal · Residential & Commercial · DRE #01433767 · Broker: eXp Realty of California, Inc., DRE #01878277 · (562) 858-7065 · GayLynn@chavezgroupusa.com · Chavez & Associates
- Francisco Williams, CCIM — Co-Principal · Residential & Commercial · DRE #01979442 · Broker: Exp Commercial of California, Inc., DRE #02134436 · (213) 880-8107 · Francisco.Williams@williamscap.ai
We are real estate licensees, not a law firm, and we don't give legal or tax advice. If you need legal advice, we can refer you to an independent attorney.