How much time do I have to cure a default before foreclosure?

What the Law Says

California law sets strict timelines and requirements for lenders to follow before foreclosing on a residential property. The key statute is the California Civil Code, which governs nonjudicial foreclosure — the most common type in California.

After a borrower defaults, the lender must record a Notice of Default (NOD) with the county recorder. Only then does the statutory cure period begin.

Under Civil Code § 2924c(a)(1), the borrower has at least 90 days from the date the NOD is recorded to cure the default by paying all past-due amounts plus costs and fees.

The cure amount includes not just missed payments, but also trustee fees, attorney fees, late charges, and other expenses 'reasonably incurred' — often totaling more than 110% of the original arrears.

Once the 90-day period ends, the lender may record a Notice of Trustee’s Sale, which itself must be issued at least 20 days before the sale — and the sale cannot happen sooner than 110 days after the NOD is recorded (§ 2924f).

Statutory Text

The beneficiary or authorized agent may, at any time after the lapse of three months from the recording of the notice of default … cause a notice of sale to be given.

— Cal. Civ. Code § 2924(a)(1) — Notice of sale

Statutory Text

The trustor … shall have the right to cure the default … within ninety days after the date of recordation of the notice of default.

— Cal. Civ. Code § 2924c(a)(1) — Right to cure

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