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California Civil Code §§2924f & 2924c · Notice of Trustee's Sale (NOS)

Got a Notice of Trustee's Sale? An auction date is set.

A Notice of Trustee's Sale (NOS) is the notice that sets your auction date. The auction is at least 20 days after the notice is posted. Seeing an auction date on paper is hard. Start by finding the sale date on your notice. Then see what choices are still open before the auction. The first call is free. Plain answers, no pressure. Once you hire us as your agent, we represent you — not your lender.

Request a free callTake the 1-minute checkCall Gay-Lynn: (562) 858-7065Call Francisco: (213) 880-8107

Two Deadlines on a Sale Notice

How the 5-business-day catch-up cutoff differs from a full payoff or sale.

Once a notice of sale is posted on your property, the law sets two deadlines. They end at different times.

Civil Code §2924c

1. Catching Up on Missed Payments (Reinstatement): Ends 5 Business Days Before the Sale

Reinstatement means catching up on the missed payments and costs so the loan is current again. You may have this right for some missed-payment defaults (Civil Code §2924c). You pay the past-due payments plus allowed fees. This right generally ends five business days before the scheduled sale date. Business days are weekdays that are not holidays. The rules are different if your loan has reached its maturity date (a balloon payment). That is the date the whole loan comes due. Ask your lender and a lawyer of your own what must be paid.

To catch up, you must get the exact written quote from the trustee. The trustee is the company that runs the sale. Its name is on your notice of sale. The quote shows the exact amount, so you do not pay too little. You must also pay the way the trustee requires, before the deadline.

Civil Code §2924f

2. Full Loan Payoff or Closing a Sale: Open Until the Auction

Even after the five-business-day catch-up window closes, you can still pay off the full loan balance. Or you can close a sale that pays the loan in full. You can do either one until the auction happens.

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. 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. For a home with 1 to 4 units, there is one rule about listing agreements you should know. It is explained below, in the What happens next list (Civil Code §2924f).

Sell Before Auction

Sale Before the Trustee Auction

We set a price and market the property to buyers who can close quickly. We open escrow. Escrow is the neutral company that holds the money and papers until the sale closes. We send the signed contract and the buyer's proof of funds to the lender or trustee. An offer or open escrow does not stop or pause the auction by itself.

Lender Approval Required

Short Sale Package Submission

If you owe more than the property is worth, we put together a short-sale package. It includes a real purchase offer from a buyer. We send it to the lender. 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. For a home with 1 to 4 units, there is one rule about listing agreements you should know. It is explained below, in the What happens next list (Civil Code §2924f).

Learn about Short Sales →
Through Your Lender

Lender Plan, Catch-Up, or Deed in Lieu

You can also talk to your lender's mortgage-help team (loss-mitigation department). Ask about catching up. Ask about other plans, such as a loan modification. That is a change to your loan terms that your lender agrees to. Or ask about a deed in lieu. That means giving the property back to the lender instead of an auction. For legal questions, we can refer you to a lawyer of your own.

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.

Step-by-Step NOS Action Plan

What to do when a Notice of Trustee's Sale is posted.

First, check the dates and numbers on your notice.

  1. Step 1: Check the sale date, time, and trustee phone number

    Your Notice of Trustee's Sale shows the auction date, time, and place. It also shows the trustee's phone number. Enter the sale date in our Timeline Calculator. It shows an estimate of your 5-business-day cutoff. Ask the trustee to confirm it.

  2. Step 2: Ask for written catch-up and full payoff quotes

    Ask the trustee or lender for two quotes in writing. One is the catch-up quote, if that right is still open on your loan. The other is the full payoff demand. That is the total needed to pay off the loan. With both, you have exact numbers.

  3. Step 3: Review a written estimate of your options

    On a free call, we compare your payoff amount to local sale prices. Then we show you a written estimate. We also tell you if you should talk with your lender or a lawyer of your own.

  4. Step 4: Start the plan you choose

    If you choose to sell, we prepare the listing. We set up buyer inspections and collect proof of funds. We share escrow updates with the lender or trustee. An offer or open escrow does not stop or pause the auction by itself.

What Happens Next

What happens next as the auction date gets closer?

Keep these rules in mind until the sale date:

  • For some missed-payment defaults, you can catch up. That right generally ends 5 business days before the sale date (Civil Code §2924c). If the whole loan has come due, the rules are different.
  • An offer or open escrow does not stop or pause the auction by itself. Paying off the full loan before the auction ends the default. So does closing a sale before the auction.
  • 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. Here is how it works. 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 where buyers can see it. 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). If the sale moves this way, any right you have to catch up on missed payments (reinstatement) moves too. It is counted from the new sale date (Civil Code §§2924f and 2924c). If you get that 45-day delay, one more delay is possible. You send the trustee a real (bona fide), fully signed purchase contract the same way. It must arrive at least 5 business days before the new sale date. The price must be at least the total still owed on every loan or lien recorded against the home. The contract must show the name of the buyer, the price, the closing date, and that the escrow company accepted it. The sale then moves to at least 45 days after the trustee gets it. You can use this once too. A short-sale contract priced below what is owed does not count. These papers must come from you, not from a broker. So you must send them yourself. If they arrive late, or are sent another way, the trustee does not have to wait. To check if your sale date has moved, call the phone number or visit the website printed on your notice. Have the file number from the notice ready. A change made close to the sale date may not show up there right away. The best way to check is to go to the sale. It is held at the place on your notice. Ask a lawyer of your own, or the trustee, how this applies to you.

Notice of Trustee Sale California · Common Questions

Questions about a Notice of Trustee's Sale in California.

What is a Notice of Trustee's Sale in California (NOS) under Civil Code §2924f?

A Notice of Trustee's Sale (NOS) is the notice that sets your auction date. In California, it comes after a Notice of Default. That is the first recorded notice; it starts the foreclosure clock. Then at least three calendar months must pass after that notice is recorded (Civil Code §2924). Only then can the notice of sale be recorded, posted, and published. Under Civil Code §2924f, the auction date is at least 20 days after the notice is posted.

When does the right to catch up end after a Notice of Trustee's Sale is posted?

For some missed-payment defaults, you have a right to catch up. This is called reinstatement. It means catching up on the missed payments and costs so the loan is current again. Under California Civil Code §2924c, this right generally ends five business days before the sale date. Business days are weekdays that are not holidays. The rules are different if your loan has reached its maturity date (a balloon payment). That is the date the whole loan comes due. Ask your lender and a lawyer of your own what must be paid.

Can I still sell my property or pay off the loan after the 5-business-day cutoff?

Yes. Even after the five-business-day catch-up window closes, you can still pay off the full loan balance. You can also finish a sale that pays off the loan in full. You can do either one up until the auction takes place. An offer or open escrow does not stop or pause the auction by itself. Only your lender, the trustee, or a court can change a sale date.

Talk With Us · Free First Call

Have a sale date on a Notice of Trustee's Sale?

Call us directly or send your notice details. Plain answers, no pressure.

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.

Request a free callTake the 1-minute checkCall Gay-Lynn: (562) 858-7065Call Francisco: (213) 880-8107
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