California Foreclosure Laws
California has one of the most complex foreclosure regulatory frameworks in the country. The state is primarily non-judicial (deed of trust power of sale under Civil Code 2924-2924k) but also allows judicial foreclosure.
For a step-by-step guide to options and resources, see the California Foreclosure Guide →
- 01 Governing statutes
- 02 Foreclosure process
- 03 Homeowner protections
- 04 Mediation
- 05 Regulatory bodies & complaint filing
- 06 Alternatives & financial assistance
- 07 Post-sale proceedings
- 08 Special foreclosure types
- 09 Lien priority
- 10 Statute of limitations
- 11 Probate & inheritance
- 12 Consumer protection & compliance
- 13 Legal aid & pro bono resources
- 14 Find help in California
- 15 National foreclosure guides
- 16 California distress data
Governing Statutes
| Citation | Title | Covers |
|---|---|---|
| Cal. Civ. Code 2924-2924k | Non-Judicial Foreclosure (Comprehensive Foreclosure Reform) | 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 after January 1, 2013 |
| CCP 580d | Anti-Deficiency: Non-Judicial Foreclosure | Prohibits deficiency judgments after non-judicial foreclosure (trustee sale) and after deed-in-lieu of foreclosure |
| 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 |
Non-Judicial Foreclosure Process
Awaiting verificationCal. Civ. Code 2924 requires strict compliance with notice, timing, and procedural obligations.
Judicial Foreclosure Process
Awaiting verificationHomeowner Protections
Awaiting verificationForeclosure Mediation in California
California does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
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.
Alternatives & Financial Assistance
California law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements. Loan modification programs exist at both the federal and state level.
California's California Mortgage Relief Program (exhausted) provides up to $80,000 per household. Program details: camortgagerelief.org.
Post-Sale Proceedings Under California Law
After a foreclosure sale in California, the new owner must provide written notice before initiating eviction proceedings. The required notice period is 90-day written notice to quit for former owners and occupants after trustee sale (CCP 1161a(b)(3); consistent with federal PTFA). A court order is required before a lockout can proceed.
Former homeowners in California are entitled to claim surplus funds from the foreclosure sale — any amount exceeding the outstanding debt and sale costs. The trustee must send written notice to all persons with recorded interests who had a right to surplus funds within 30 days of the trustee sale (Cal. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.
Special Foreclosure Types in California
Beyond the standard non-judicial foreclosure process, California law addresses several specialized foreclosure categories.
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.
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
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.
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.
Legal Aid & Pro Bono Resources in California
- Legal Aid Foundation of Los Angeles (LAFLA)One of the largest legal aid organizations in the country. 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 AidServes seven Bay Area counties with housing-related legal services including foreclosure prevention.baylegal.org/get-help →
- Legal Services of Northern CaliforniaProvides 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 DiegoProvides free civil legal services to low-income San Diego County residents, including foreclosure prevention and housing.lassd.org →
- Community Legal Aid SoCalProvides free legal assistance to low-income individuals in Orange County and surrounding areas.communitylegalsocal.org →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in California. Services include loan modification applications, mediation preparation, and loss mitigation guidance.Find a counselor in California →
- California Mortgage Relief Program HotlineThe California Mortgage Relief Program is no longer accepting applications. Callers will be directed to HUD counseling and other resources.1-888-840-2594 →
- HUD Housing Counseling HotlineNational HUD-approved housing counseling referral line. Connects callers with local HUD-certified counselors for free foreclosure prevention counseling.1-800-569-4287 →
- CalHFA General InformationCalifornia Housing Finance Agency general information line for homeownership programs, CalAssist disaster relief, and housing finance questions.1-877-922-5432 →
- DFPI Consumer ServicesCalifornia 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 LawyerThe 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 CounselThe nation's largest pro bono law firm. Provides free legal representation in foreclosure defense, consumer protection, and housing matters.publiccounsel.org →
- Bet Tzedek Legal ServicesProvides free legal services focused on preventing homelessness, including foreclosure defense and elder law.bettzedek.org →
- Justice & Diversity Center of The Bar Association of San FranciscoProvides 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.
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.
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:
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
Receive the California foreclosure guide by email.
Key deadlines, homeowner protections, and free resources — one email, no spam.
or Create an Account for full access