US-CaliforniaWhat notice must a lender give before starting foreclosure?
In California, a lender must send a Notice of Default (NOD) at least 30 days before recording a Notice of Sale, and the NOD must include specific statutory disclosures about borrower rights and loss mitigation options.
What the Law Says
California’s nonjudicial foreclosure process is governed by the Civil Code and requires strict compliance with notice requirements. The most critical notice is the Notice of Default (NOD), which triggers the formal foreclosure timeline.
Before starting a nonjudicial foreclosure, a lender or trustee must record a Notice of Default (NOD) with the county recorder and serve it on the borrower. This notice informs the borrower that they are in default and outlines their rights to cure the default or pursue alternatives.
The NOD must be served at least 30 days before the lender may record a Notice of Sale. After the NOD is recorded, the lender must wait at least 90 days before recording the Notice of Sale — meaning the total pre-sale timeline is at least 120 days from NOD recording.
The NOD must include specific disclosures required by law, including information about free housing counseling, the right to request a loan modification, and contact details for the mortgage servicer and a designated loss mitigation contact.
Statutory TextAt least 30 days after the notice of default is recorded, the trustee may cause a notice of sale to be recorded, published, and delivered…
— Cal. Civ. Code § 2924(a)(1) — Notice of sale; timing
Statutory TextThe notice of default shall include… a statement that the borrower may have the right to bring an action to assert the nonexistence of a default… and a statement that the borrower may have the right to reinstate…
— Cal. Civ. Code § 2924(b) — Contents of notice of default
Statutory TextThe notice of default shall also include… information regarding housing counseling agencies… and a statement that the borrower may request a meeting with the mortgage servicer to discuss loss mitigation options.
— Cal. Civ. Code § 2924.9 — Notice of default; additional disclosures
What Courts Have Said
California courts have emphasized that strict compliance with statutory notice requirements is mandatory — even minor defects can invalidate a foreclosure.
Held that failure to include required disclosures in the Notice of Default renders the entire foreclosure void, because the statute imposes mandatory, not directory, obligations.
Reaffirmed that borrowers need not show prejudice to challenge defective notices—statutory compliance is jurisdictional for valid foreclosure proceedings.
What to Do
Review your mail carefully for a Notice of Default (NOD) — it must be sent by certified mail and include required disclosures.
Within 10 days of receiving the NOD, request a loss mitigation review in writing if you want to explore alternatives like a loan modification.
Contact a HUD-approved housing counselor immediately — services are free and can help negotiate with your lender.
If the NOD is missing required language or was served too early, consult a lawyer — courts may halt the foreclosure for noncompliance.
Remember: You have the right to reinstate your loan by paying all past-due amounts plus fees up until 5 business days before the sale date.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.