State Foreclosure Law

California Foreclosure Laws

California has a detailed foreclosure regulatory framework. The state is primarily non-judicial (deed of trust power of sale under Civil Code 2924-2924k) but also allows judicial foreclosure.

Process
Non-Judicial
Usual process; judicial foreclosure is also available §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
The greater of: (1) the countywide median sale price for a single-family home in the calendar year prior to when the exemption is claimed, not to exceed the statutory cap, or (2) the statutory floor
Automatic · the rule §
Deficiency Judgment
Limited
Not allowed for some loans and sales §
76 source pages cited · Last checked Mar 4, 2026
Not legal advice. This page provides general information about California foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a California-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the California foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
Cal. Civ. Code 2924-2924k Non-Judicial Foreclosure Procedures Non-judicial foreclosure process, notice of default, notice of sale, trustee sale procedures, surplus funds, borrower contact requirements, HBOR provisions, AB 2424 protections
Cal. Civ. Code 2923.4-2924.19 California Homeowner Bill of Rights (HBOR) Dual-tracking prohibition, single point of contact, verified written authority, loss mitigation evaluation requirements, private right of action for violations
CCP 725a-730a Judicial Foreclosure Judicial foreclosure process for mortgages and deeds of trust, court-ordered sale, deficiency judgment procedures
CCP 580b Anti-Deficiency: Purchase Money Loans Prohibits deficiency judgments on purchase money loans secured by 1-4 unit owner-occupied property, including refinances of purchase money loans executed on or after January 1, 2013, except for any new principal not used to pay the purchase money loan or the refinance's fees and costs
CCP 580d Anti-Deficiency: Non-Judicial Foreclosure Prohibits deficiency judgments after a sale under a power of sale (non-judicial foreclosure, or trustee sale). The statute names that sale, not a deed in lieu
CCP 726 One-Action Rule / Security-First Rule Requires creditor secured by real property to exhaust security before pursuing personal judgment; one form of action for recovery of debt secured by real property
Cal. Civ. Code 2923.5 Pre-Foreclosure Contact Requirement Requires mortgage servicer to contact borrower 30 days before filing notice of default to explore alternatives to foreclosure
Cal. Civ. Code 1695-1695.17 Home Equity Sales Contract Act Foreclosure rescue fraud protections, equity purchaser requirements, right of rescission
CCP 704.730 Homestead Exemption Automatic homestead exemption based on county median home sale price, with inflation adjustments

California Foreclosure Process and Your Rights

California uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: From the date the Notice of Default is recorded until 5 business days before the sale date in the recorded notice of sale. During this period, the borrower may cure the default by paying all amounts past due plus allowable costs and fees. If a new notice of sale is recorded, or the sale is postponed by more than 5 business days, the right revives until 5 business days before the new sale date. Cal. Civ. Code 2924c allows the borrower to cure the default and reinstate the loan when its conditions are met. §
  • After the sale: Non-judicial trustee sale: NO post-sale redemption right. Judicial foreclosure: statutory right of redemption when a deficiency judgment is not waived or prohibited — 3 months if the court determines the sale proceeds were sufficient to satisfy the indebtedness plus costs, OR 1 year if the sale proceeds were insufficient. If a deficiency judgment is waived or prohibited, the property is sold with no right of redemption. As a practical matter, because most California foreclosures are non-judicial, the post-sale redemption right is rarely relevant. §
  • Homestead exemption: The greater of: (1) the countywide median sale price for a single-family home in the calendar year prior to when the exemption is claimed, not to exceed the statutory cap, or (2) the statutory floor. Base amounts (AB 1885, effective January 1, 2021): floor $300,000, cap $600,000. These amounts are adjusted annually for inflation, beginning January 1, 2022, based on the California Consumer Price Index, with each adjusted amount rounded to the nearest $25. §
  • Mediation: We have no statewide foreclosure mediation program on file for California.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full California foreclosure guide →

Got a foreclosure notice in California? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Regulatory Oversight & Complaint Filing

California homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
California Department of Financial Protection and Innovation
Phone: 1-866-275-2677
File a complaint →
Attorney General — Consumer Protection
California Office of the Attorney General
Phone: 1-800-952-5225
File a consumer complaint →
Housing Finance Agency
California Housing Finance Agency
Phone: 1-877-922-5432
Homeowner hotline: 1-888-995-4673
Foreclosure prevention resources →

Special Foreclosure Types in California

Beyond the standard non-judicial foreclosure process, California law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Both judicial and non-judicial foreclosure are available for HOA/COA assessment liens under the Davis-Stirling Common Interest Development Act. §
No HOA super-lien. Assessment liens are junior to first mortgages.
Tax Lien Foreclosure
Tax deed sale state. §
The owner can redeem the property until the close of business on the last business day before the tax sale begins by paying all delinquent taxes, penalties, costs, and redemption fees (RTC 3707).
Land Contract Protections
Buyer protections exist. §
Manufactured & Mobile Home Rules
Can be either. §
The Mobilehome Residency Law (Cal. Civ. Code 798-799.11) provides extensive protections for mobilehome park tenants, including: limits on rent increases (local rent control allowed), just-cause eviction protections, at least 90 days' written notice before any rent increase, right to sell the home in place, restrictions on park closures and conversions, and prohibition on waiver of rights.
Reverse Mortgage (HECM)
State-specific rules apply beyond federal HECM requirements. §
California requires that reverse mortgage borrowers receive independent counseling from a HUD-approved counseling agency.
Zombie Mortgage Protections
Specific state legislation addresses zombie mortgages. §
Cal. Civ. Code 2924.13 (effective June 30, 2025) specifically addresses second and other junior mortgages on residential property.
PACE Lien Assessment
PACE financing is authorized. Residential PACE is active. §
PACE assessments are structured as property tax assessments and have the same priority as property taxes — super-priority over first mortgages.

Lien Priority in California

First in time, first in right, with statutory exceptions for property taxes, mechanics liens, and certain municipal assessments. California is a race-notice recording state (Cal. Civ. Code 1214) — a subsequent good-faith purchaser for value who records first prevails over a prior unrecorded interest.

Property Tax Liens
Super-priority status. Tax sale can extinguish a first mortgage. §
The tax collector must attempt to notify all parties with interests of record before conducting a tax sale.
Mechanic's Lien
Relation-back doctrine applies. §
Under Cal. Civ. Code 8450-8470, a mechanics lien (construction lien) has priority over all other liens, mortgages, and deeds of trust that attach to the property AFTER the work of improvement commenced. The lien relates back to the date work of improvement began on the property (not the individual claimant's first day of work). A mechanics lien on a work of improvement is prior and preferred to any mortgage, deed of trust, or other encumbrance that attaches after commencement of the work of improvement. This can prime a construction loan if recording of the construction lien deed of trust occurs after work begins.
Municipal Utility Liens
Municipal utility liens generally do not have super-priority over prior recorded mortgages in California.
However, some special assessment liens (e.g., sewer, water, street improvement assessments) may have priority equivalent to tax liens under specific enabling statutes (Cal. Streets & Highways Code). Local ordinances vary.
IRS Tax Lien
Federal tax liens filed with the county recorder take priority from the filing date.

California uses a race-notice recording statute (Cal. Civ. Code 1214). PACE assessment liens have super-priority as property tax assessments, which has been controversial because they can subordinate existing first mortgages without lender consent. HOA assessment liens are junior to first mortgages — California does NOT have an HOA super-lien provision.

Statute of Limitations in California

Mortgage Foreclosure
4 years (written contracts, CCP 337(a)); potentially 6 years for negotiable instruments (Cal. Com. Code 3118(a)). Separately, the lien itself expires, and can no longer be enforced by foreclosure or a power of sale, 10 years after the final maturity date shown in the recorded loan documents, or 60 years after the deed of trust was recorded if no maturity date is shown; a notice of intent to preserve the lien recorded in time extends this to 10 years after that notice is recorded (Cal. Civ. Code 882.020). Acceleration starts the clock on the full balance. §
For an action to enforce a note payable at a definite time, the time limit runs from each due date stated in the note or, if a due date is accelerated, from the accelerated due date (Cal. Com. Code 3118(a)). However, the lien itself may survive the SOL on the debt — a separate quiet title action may be needed to clear it.
Written Contracts
4 years §
Promissory Note
4 years under CCP 337(a) for written contracts; 6 years under Cal. Com. Code 3118(a) if the note is a negotiable instrument payable at a definite time, counted from each due date or from the accelerated due date. §
Deficiency Judgment
3 months after judicial foreclosure sale, when a deficiency is not waived or barred (CCP 726(b)). After non-judicial sale: no deficiency is owed on the note (CCP 580d). Purchase money loans on a home of up to four units occupied by the buyer, seller-financed purchase loans, and qualifying refinances of those loans: no deficiency is owed (CCP 580b). §
Counted from: Date of the judicial foreclosure sale (for deficiency applications under CCP 726(b))
Zombie Lien Protections
Specific state legislation addresses zombie liens. Quiet title action is available. §
Cal. Civ. Code 2924.13 (effective June 30, 2025) lists unlawful practices by servicers of second and other junior mortgages on residential property, such as going at least three years without sending the borrower any written communication about the loan, or conducting or threatening a foreclosure sale after the statute of limitations expired.
SOL Revival After Partial Payment
A partial payment can restart the statute of limitations. §
Under CCP 360, a payment of principal or interest on a promissory note counts as an acknowledgment that stops the statute of limitations and starts a new period running, but a payment alone does not revive a claim that is already time-barred.

Probate & Inheritance in California

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. California law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
If the borrower or trustor is deceased, the trustee must mail the notice of default and notice of trustee sale to any successors in interest whose names and addresses are known or can be reasonably ascertained, including the personal representative of the estate.
Heir Protections
Heirs who inherit property subject to a deed of trust may exercise the same rights as the original borrower, including reinstatement (Cal. Civ. Code 2924c) and loss mitigation application under HBOR.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
No specific California statute sets a deadline for estates to resolve before foreclosure can proceed. Standard probate timelines apply (Cal. Probate Code 9100 sets a general creditor claims period of the later of 4 months after issuance of letters testamentary/administration or 60 days after notice to the creditor). The foreclosure process itself has its own timeline independent of probate. Any Regulation X communication duty concerning a confirmed successor depends on the relevant section otherwise applying, and § 1024.30 exemptions still control.
Garn-St. Germain Act
12 U.S.C. 1701j-3 (Garn-St. Germain) prohibits lenders from enforcing due-on-sale clauses when property is transferred by devise, descent, or operation of law upon death to a relative of the borrower, or transferred to a spouse or children.
Uniform Partition of Heirs Property Act (UPHPA)
Adopted in 2022.
California adopted the Uniform Partition of Heirs Property Act in 2021 (AB 633), effective January 1, 2022, codified at CCP 874.311-874.323.

Consumer Protection & Compliance in California

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in California.

UDAP Statute
California Unfair Competition Law (UCL) / Consumer Legal Remedies Act (CLRA)
Attorney Advertising Rules
Governed by State Bar of California; California Supreme Court (via Rules of Professional Conduct). §
Key requirements: All communications about a lawyer's services must not be false or misleading (Rule 7.1); Any communication or solicitation that is false, misleading, or deceptive is prohibited (Rule 7.1).

Legal Aid & Pro Bono Resources in California

  • ⚖
    Legal Aid Foundation of Los Angeles (LAFLA)
    Provides comprehensive foreclosure defense, including representation in court proceedings, loan modification negotiations, and servicer abuse claims.
    lafla.org →
  • ⚖
    Neighborhood Legal Services of Los Angeles County (NLSLA)
    Provides legal services to prevent unlawful foreclosures, including advice, representation, and advocacy.
    nlsla.org →
  • ⚖
    Bay Area Legal Aid
    Serves seven Bay Area counties with housing-related legal services including foreclosure prevention.
    baylegal.org/legal-areas/housing →
  • ⚖
    Legal Services of Northern California
    Provides free legal assistance to low-income residents in Northern California, including foreclosure defense and housing preservation.
    lsnc.net →
  • ⚖
    California Rural Legal Assistance (CRLA)
    Serves rural California communities with legal services including housing, foreclosure prevention, and consumer protection.
    crla.org →
  • ⚖
    Inland Counties Legal Services (ICLS)
    Provides free legal services to low-income residents of the Inland Empire, including foreclosure defense.
    inlandlegal.org →
  • ⚖
    Legal Aid Society of San Diego
    Provides free civil legal services to low-income San Diego County residents, including foreclosure prevention and housing.
    lassd.org →
  • ⚖
    Community Legal Aid SoCal
    Provides free legal assistance to low-income individuals in Orange County and surrounding areas.
    communitylegalsocal.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in California. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in California →
  • 📞
    HUD Housing Counseling Hotline
    National HUD-approved housing counseling referral line. Connects callers with local HUD-certified counselors for free foreclosure prevention counseling.
    1-800-569-4287 →
  • 📞
    CalHFA General Information
    California Housing Finance Agency general information line for homeownership programs, CalAssist disaster relief, and housing finance questions.
    1-877-922-5432 →
  • 📞
    DFPI Consumer Services
    California Department of Financial Protection and Innovation consumer complaint and information line. Can assist with complaints against mortgage servicers, lenders, and PACE providers.
    1-866-275-2677 →
  • 📋
    State Bar of California — Find a Lawyer
    The State Bar operates a Lawyer Referral Service (LRS) certification program but does not run its own direct referral service. Certified LRS programs typically charge $35-$50 for an initial 30-minute consultation. Many county bar associations operate certified LRS programs.
    calbar.ca.gov/public/find-legal-professionals →
  • 🎓
    Public Counsel
    Provides free legal representation in foreclosure defense, consumer protection, and housing matters.
    publiccounsel.org →
  • 🎓
    Bet Tzedek Legal Services
    Provides free legal services focused on preventing homelessness, including foreclosure defense and elder law.
    bettzedek.org →
  • 🎓
    Justice & Diversity Center of The Bar Association of San Francisco
    Provides pro bono legal services including housing and foreclosure matters through volunteer attorneys.
    sfbar.org/jdc →

Find Help in California

We maintain a verified directory of free and low-cost help providers in California. All are government-approved or federally funded.

81 HUD-approved housing counselors Free foreclosure prevention counseling 11 Legal aid offices Free legal representation for qualifying homeowners 47 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 51 Debtor education providers Required post-filing debtor education courses

Browse all 190 providers in California →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including California.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

California Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to California homeowners:

Foreclosure Filings
National trend
National foreclosure filings. California mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in California? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in California

General information, not legal advice.

🛟
Free help also exists in California: the HUD Housing Counseling Hotline at 1-800-569-4287, or a HUD-approved housing counselor at no cost.