US-CaliforniaWhat is the non-judicial foreclosure process in California?
In California, non-judicial foreclosure is a lender-initiated process that bypasses court involvement and proceeds under a deed of trust with a power of sale clause, typically taking at least 111 days from notice of default to trustee’s sale.
What the Law Says
California law permits non-judicial foreclosure only when a deed of trust contains a 'power of sale' clause — allowing a trustee to sell the property without court oversight. The process is strictly governed by the Civil Code and requires precise timing and notice requirements.
Non-judicial foreclosure in California applies only to loans secured by a deed of trust (not mortgages) that includes a power of sale provision. It is the most common foreclosure method in the state because it is faster and less costly than judicial foreclosure.
The process begins when the lender records a Notice of Default (NOD), which must include specific statutory disclosures and be served on the borrower. After 90 days from NOD recording, the trustee may record a Notice of Trustee’s Sale (NTOS). At least 21 days must then pass before the public trustee’s sale can occur.
All notices must comply with formatting, content, and service rules in the Civil Code. The trustee — often a title company or attorney — acts as a neutral third party authorized to conduct the sale.
Statutory TextA trustee, mortgagee, or beneficiary, or any of their authorized agents, under a power of sale in a deed of trust, may cause the sale of the trust property pursuant to the power of sale after the trustor's default.
— Cal. Civ. Code § 2924 — Exercise of power of sale
Statutory TextThe trustee shall cause a notice of sale to be recorded, published, and delivered not less than 21 days prior to the date fixed for sale.
— Cal. Civ. Code § 2924f — Notice of sale
Statutory TextA notice of default shall be filed with the county recorder and served upon the trustor and other required parties within 10 business days after filing.
— Cal. Civ. Code § 2924 — Notice of default
What to Do
Confirm your loan is secured by a deed of trust with a power of sale clause (most California home loans are).
Review the Notice of Default (NOD) for accuracy — it must include statutory language, cure period, and contact info.
Within 90 days of NOD, explore loss mitigation options (e.g., loan modification, short sale) — lenders must consider applications received before NTOS is recorded.
After Notice of Trustee’s Sale (NTOS) is recorded, prepare for the public auction — you may reinstate the loan up to 5 business days before sale, or redeem only in rare judicial cases (non-judicial sales do not allow redemption).
Attend the trustee’s sale or consult a housing counselor or attorney immediately if you believe notices were defective or timelines violated.
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.