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Homes with 1 to 4 Units · Gay-Lynn Chavez & Francisco Williams, CCIM

Behind on your home loan, or holding a foreclosure notice?

A foreclosure notice on your home is a hard thing to face. Here is the plain path. First, find out which notice you have. Then check your dates. Then compare your choices. We help owners of homes with 1 to 4 units across Southern California. Free first call. Plain answers, no pressure. Once you hire us as your agent, we represent you — not your lender.

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Which notice do you have?

Pick the one that fits you. You will see your next steps.

Notice of Default (NOD)

It is the first recorded notice. It starts the foreclosure clock. Look for the date it was recorded. Then ask the trustee if a sale date is set. The trustee is the company that runs the sale. Do not assume you have three months left. The clock counts from the day the notice was recorded, not the day you got it.

California has a law called the Homeowner Bill of Rights. It covers a home of 1 to 4 units that the owner lives in. It sets rules on how your loan servicer contacts you. That is the company that collects your loan payments. It also limits moving ahead with a sale while the servicer reviews a complete application for help. Ask a HUD-approved housing counselor or a lawyer of your own how these rules apply to you.

Paths to Weigh Before the Sale Date

Your main options before a scheduled trustee sale.

Each case is different. Here are the main paths owners in California look at.

Regular Sale

Sell before the auction

Selling before the auction may leave you money after loans and costs are paid. We'll show you a written estimate first. The price is not guaranteed.

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Keep Your Property

Catch up on missed payments (reinstatement)

This means catching up on the missed payments and costs so the loan is current again. For some missed-payment defaults, you pay the past-due amount plus allowed fees. You must pay before the five-business-day cutoff (Civil Code §2924c). Business days are weekdays that are not holidays. If your loan has reached its maturity date (a balloon payment), the rules are different. That is the date the whole loan comes due. Ask your lender and a lawyer of your own what must be paid.

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Through Your Lender

Loan modification or payment plan with your lender

A loan modification is a change to your loan terms that your lender agrees to. Ask your lender's mortgage-help team (loss-mitigation department). You can ask them to change your terms or pause payments. A HUD-approved housing counselor can also help. That is a free counselor approved by HUD, the U.S. housing agency.

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Lender Approval Required

Short sale (with lender approval)

A short sale is a sale for less than you owe, with your lender's written approval. Some debt could still remain after the sale. Ask a lawyer of your own whether any debt could remain. Ask most of all if the loan is commercial or you signed a personal guarantee. That is a promise to pay the loan yourself.

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Lender Decision

Giving the property back to the lender instead of an auction (deed in lieu)

You offer to sign the property over to the lender, instead of an auction. The lender decides whether to say yes.

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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 Guide

How we help in 3 steps

Our first review is free. We charge no upfront fees. Before you sign anything, we explain in writing how we are paid and what sale costs to expect.

  1. Step 1: Tell us what's happening

    You speak with Gay-Lynn Chavez or Francisco Williams, CCIM about your notice dates, loan balance, and goals.

  2. Step 2: We review your options with you, in writing

    We explain each option. One is reinstatement. That means catching up on the missed payments and costs so the loan is current again. Another is a lender workout. A workout is a new plan with your lender for paying the loan. You may also sell before the auction. A short sale is a sale for less than you owe, with your lender's written approval. A deed in lieu means giving the property back to the lender instead of an auction.

  3. Step 3: You decide; we coordinate the plan you choose

    Once you hire us as your agent, we represent you — not your lender. We market the property to buyers. We put together the papers your lender asks for. We handle the escrow steps. Escrow is the neutral company that holds the money and papers until the sale closes.

What Happens Next

What happens next on the California clock?

The clock has set waiting times. Keep these three rules in mind:

  • Do not assume you have three full months left. Check the date your notice was recorded. Part of that time may have passed.
  • Paying off the full loan before the auction ends the default. So does closing a sale that pays off the loan. For some missed-payment defaults you can also catch up, but that right generally ends five business days before the sale (Civil Code §2924c).
  • An offer or an 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

Talk with Gay-Lynn Chavez or Francisco Williams, CCIM.

Plain answers, no pressure. Once you hire us as your agent, we represent you — not your lender.

Southern California Coverage · 7 Counties

Where we help home and commercial owners in Southern California.

California foreclosure rules come from state law (Civil Code §§2924–2924f). The Notice of Default is the first recorded notice. It starts the foreclosure clock. The Notice of Trustee's Sale sets your auction date. Both are recorded in the county where the property is. We serve these seven Southern California counties:

Los Angeles County

Notices of Default and Notices of Trustee's Sale are recorded with the Los Angeles County Registrar-Recorder/County Clerk in Norwalk.

Property types we review: Single-family homes, 2–4 unit residential properties, apartment buildings (5+ units), retail strips, industrial warehouses, and mixed-use buildings.

Orange County

Default and sale notices are recorded with the Orange County Clerk-Recorder in Santa Ana.

Property types we review: Residential homes, condos, coastal properties, commercial retail centers, medical offices, and light industrial buildings.

Riverside County

Notices are recorded with the Riverside County Assessor-County Clerk-Recorder.

Property types we review: Single-family homes, residential acreage, Inland Empire logistics and industrial properties, neighborhood retail, and land.

San Bernardino County

Notices are recorded with the San Bernardino County Assessor-Recorder-County Clerk.

Property types we review: Residential homes, small multifamily properties, industrial yards, distribution facilities, and commercial corridors.

San Diego County

Notices are recorded with the San Diego County Assessor/Recorder/County Clerk.

Property types we review: Single-family homes, townhomes, multifamily apartment communities, retail pads, and office/industrial properties.

Ventura County

Notices are recorded with the Ventura County Clerk-Recorder in Ventura.

Property types we review: Owner-occupied homes, agricultural-adjacent residential properties, neighborhood commercial, and industrial buildings.

Santa Barbara County

Notices are recorded with the Santa Barbara County Clerk-Recorder-Assessor.

Property types we review: Residential properties, small income properties, hospitality-adjacent commercial buildings, and mixed-use retail.

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