Stage 3 of 5 · Foreclosure Help
Notice of Trustee Sale Recorded
A sale date has been set. In California the sale may occur no sooner than 20 days after the Notice of Trustee Sale is recorded and posted. This is the most time-critical stage and requires same-day action.
What this stage means
A Notice of Trustee Sale, or NOTS, sets an actual date, time, and location at which your home will be sold at public auction.
The NOTS must generally be recorded at least 14 days before the sale, posted on the property and published for three weeks, and mailed to you at least 20 days before the sale date.
Your right to reinstate by curing arrears typically ends five business days before the sale. Inside that window, only a full payoff, a closed refinance or sale, or a postponement stops the auction.
The trustee may postpone the sale by announcement at the sale location, sometimes repeatedly, without recording a new notice. Online information is frequently stale, so verbal confirmation from the trustee is essential.
Once the auction concludes and the deed is delivered, your options narrow dramatically. Do not wait to see what happens.
Key dates and deadlines
Write these on a calendar today. Business days exclude weekends and holidays, which compresses your window more than a calendar count suggests.
| Milestone | What it governs |
|---|---|
| NOTS recording and mailing | Sale may not occur sooner than 20 days after the notice is mailed to you and posted on the property. |
| 5 business days before sale | Last day to reinstate by curing arrears. Count business days only, excluding weekends and holidays. |
| Sale date and time | Confirm with the trustee by phone on the prior business day and again the morning of the sale. |
| After the sale | The trustee's deed is typically delivered within days. Move to the post-sale track immediately if the auction proceeds. |
Options that fit this stage
These are the options most commonly workable at this point. Others may still apply depending on your equity, income, and how much time remains.
Reinstatement
Pay all past-due amounts in one payment and restore the loan
Eligibility and documents
Keep the homePayoff & Refinance
Replace the existing loan with new financing that clears the default
Eligibility and documents
Keep the homeLoan Modification
Permanently change your loan terms to create an affordable payment
Eligibility and documents
Exit with protectionProperty Sale
Sell before the auction, pay off the loan, and protect your equity
Eligibility and documents
Exit with protectionShort Sale
Sell for less than the loan balance with servicer approval
Eligibility and documents