California Foreclosure Laws in 2026: Your Complete Protection Guide
You’re probably here because you’re worried. Maybe you’ve missed a payment. Maybe you got a letter that scared you. Or maybe you just want to know your rights before something happens.
Honestly, foreclosure laws in California just changed big time. And the changes are actually good news for homeowners. Let me walk you through what you need to know.
What Is Foreclosure, Anyway?
Foreclosure is when a lender takes back a home because the borrower stopped making mortgage payments. It’s pretty serious stuff. But here’s the thing—California has some of the strongest protections for homeowners in the country.
The process takes time. It’s not like they can just show up and take your house tomorrow. In fact, the foreclosure process in California typically takes 6 to 9 months from your first missed payment to the auction sale.
The Timeline: What Actually Happens
Okay, here’s where things get important. Understanding the steps can help you fight back and save your home.
The First 120 Days (Your Grace Period)
Federal law prevents your lender from officially starting a foreclosure until you’re more than 120 days past due on payments. That’s roughly four months. Use this time.
During this early stage, your lender will probably send letters and call you. A lot. That’s actually required by law. These aren’t collection calls—they’re supposed to be about helping you.
The Contact Requirement (Days 1-30)
Here’s what’s actually new and cool. Your servicer must contact you at least 30 days before recording a notice of default. This isn’t just a quick call either. The contact should assess your financial situation and explore options to avoid foreclosure.
During this call, the lender must tell you something important. You have the right to ask for a follow-up meeting. If you do, they have 14 days to schedule it. And yes, it can be on the phone.
Written Notice of Your Options (Days 1-45)
Your servicer also has to send you a written letter. No more than 45 days after you miss a payment, they must explain all your loss mitigation options. These are the tools you can use to avoid losing your home. We’ll talk more about these in a bit.
The Notice of Default (Month 4+)
If you don’t respond to contact attempts or work out a solution, the lender officially starts the foreclosure. They file something called a Notice of Default with your county.
Here’s the good news. You have three months from when this notice is recorded to reinstate your loan and bring it current. Three months. That’s a lot of time if you act fast.
The Notice of Sale (Month 4+)
After three months pass, the lender sets a sale date and sends you a Notice of Sale. This notice must be sent at least 20 days before the foreclosure sale.
Wait, there’s more protection built in. You can reinstate the loan at any time up until five business days before the sale date. Right up to the last minute, basically.
The Game-Changer Laws: AB 2424 and AB 130
Okay, pause here. This part is important.
California passed two massive foreclosure protection laws in 2025. If you’re in California facing foreclosure, these could literally save your home.
AB 2424: The Selling Option (Effective January 1, 2025)
This law is huge. Here’s what it does.
If you’re trying to sell your house before foreclosure, you now have legal power. If you submit a listing agreement with a California-licensed real estate broker at least 5 business days before your foreclosure auction, the trustee must postpone the sale for at least 45 days.
That’s it. Just list your house officially. You get 45 days extra.
But it gets better. Once you have a buyer, you can submit a bona fide purchase agreement to the trustee at least 5 business days before the rescheduled sale date, and the trustee must postpone for another 45 days.
Do the math. That’s potentially 90 extra days. Nearly three months to sell your home and keep the equity. Most people have no idea this law even exists. Don’t be one of them.
There are requirements, though. The listing has to be real. The purchase agreement has to be legitimate and the offer has to cover what you owe. But if you’re selling, this is your lifeline.
AB 2424: The Fair Bid Protection
There’s more in this law. Foreclosure sales cannot accept bids lower than 67% of the home’s fair market value at the initial auction. If no legitimate bids come in, the sale gets delayed by at least 7 days.
What does this mean for you? Your home isn’t getting sold for pennies on the dollar. There’s a floor. A real one.
AB 130: Protection Against “Zombie” Second Mortgages (Effective June 30, 2025)
This one’s wild. Have you ever heard of a zombie mortgage? These are second mortgages or home equity lines of credit that have been inactive for years. Sometimes people think they’re paid off. Sometimes they were included in a loan modification.
Then suddenly—years later—they wake up and the lender tries to foreclose.
AB 130 makes it unlawful for servicers to conduct foreclosure without providing the borrower written communication for at least 3 years, failing to provide required transfer notices, or foreclosing after the debt was discharged.
Before foreclosing on a second mortgage, the lender has to certify under penalty of perjury that they’ve followed the law. If they don’t? You can challenge the foreclosure in court. The sale gets paused until a judge decides.
This is huge if you have a second mortgage or HELOC.
Your Weapons: Avoiding Foreclosure
Okay, so your servicer contacted you. You know what’s coming. What do you actually do?
Loan Modification
This is probably your best option. A loan modification means changing your loan terms. Maybe a lower interest rate. Maybe extending the loan period. Maybe catching up on back payments over time.
Here’s what’s powerful. If you submit a complete loan modification application at least 5 business days before the sale, the servicer cannot proceed until they’ve made a decision. They have to stop everything and review your application. Seriously.
Apply early. Don’t wait. And make sure it’s complete.
Forbearance
Forbearance is a temporary pause on payments. Your lender agrees to let you skip payments for a set period. You’re not erasing the debt. You’re postponing it. Usually, you’ll catch up those payments later, sometimes by extending your loan.
Federal law actually requires your servicer to discuss this option with you. It’s not a special favor—it’s something they have to consider.
Short Sale
A short sale is when you sell your home for less than what you owe. The lender agrees to accept the lower price instead of foreclosing. You keep your house off a foreclosure auction block, which is better for your credit.
Honestly, this can be complicated. You’ll probably want a real estate agent or attorney to help. But it’s an option.
Reinstatement
This is the straightforward approach. You catch up on all missed payments, plus any fees and costs. Boom. Your loan goes back to current status. No modification needed.
The challenge? You might have to do it all at once. Or at least in one lump sum. That’s why most people can’t do this alone.
Wildfire Relief (AB 238)
Wait, there’s one more protection that’s literally brand new.
If you were affected by California’s devastating wildfires in January 2025—the Eaton Fire or Palisades Fire—you might qualify for special help. AB 238 provides up to 12 months of mortgage forbearance and foreclosure relief to wildfire victims.
You don’t have to jump through hoops. A borrower experiencing financial hardship due to the wildfire can get forbearance by simply affirming they’re experiencing financial hardship due to the wildfire.
This is relief that actually works quickly. Contact your mortgage servicer right away if this applies to you.
What About Senate Bill 1079?
You might hear about SB 1079 too. This law gives tenants and community groups the right to buy foreclosed properties after the auction sale.
Basically, if someone buys your home at foreclosure auction, tenants living there can match that winning bid within 45 days. This keeps homes in the community. It’s less direct help for you as the original owner, but it’s part of California’s foreclosure landscape.
How to Actually Prepare
You need a plan. Right now. Not later.
Step 1: Document Everything
Keep every letter. Save every email. Screenshot every text. You need proof of what your lender told you and when. This protects you if something goes wrong later.
Step 2: Find a HUD-Approved Housing Counselor
Your lender is required to give you the phone number. It’s a toll-free line. Call it. These counselors are free and they know California law inside and out.
Seriously, don’t skip this. Your servicer must provide the toll-free telephone number to find a HUD-certified housing counseling agency. Use it.
Step 3: Respond to Your Lender
When they contact you, respond. Don’t ignore letters. Don’t avoid calls. These early conversations are where you find out what you actually qualify for.
Step 4: Get a Third-Party Advocate
Here’s something new and important. You can authorize a third party—a family member, attorney, or HUD-approved housing counselor—to receive copies of foreclosure notices and help you avoid foreclosure.
Having someone in your corner makes a huge difference. They can review documents. They can negotiate. They can make sure you don’t miss deadlines.
Step 5: Consider an Attorney
Look, if foreclosure is actually happening, an attorney might be worth the money. They can spot violations of law. They can file paperwork correctly. They can represent you in court if needed.
California has legal aid organizations. Check if you qualify for free help based on income.
Specific Protections You Should Know
The Homeowner Bill of Rights
California’s Homeowner Bill of Rights isn’t new, but it’s important. Your lender can’t:
They can’t start foreclosure if you’ve submitted a complete loss mitigation application. They can’t contact you before 8 a.m. or after 9 p.m. They can’t continue foreclosure if you’re in bankruptcy. They can’t commit fraud or make false statements.
These aren’t suggestions. These are rules with teeth.
The 36-Day Contact Rule
Federal law says your servicer must try to contact you by phone within 36 days of any missed payment. And they have to try again within 36 days after each subsequent missed payment.
Why does this matter? If they don’t follow this rule, it’s a violation. You can use it to fight the foreclosure.
The Certification Requirement for Second Mortgages
If they’re foreclosing on a second mortgage or HELOC, they now have to certify that they haven’t violated any laws. No certification? You can block the foreclosure.
This is real protection for people who thought their second mortgage was gone.
What If Things Get Worse?
If the foreclosure sale is actually scheduled and none of the alternatives are working, you still have options.
Bankruptcy
Filing bankruptcy triggers an “automatic stay.” This immediately stops foreclosure. Seriously—the sale freezes right there.
Chapter 13 bankruptcy is especially helpful. It allows you to catch up on payments over 3-5 years while keeping your home.
It’s not perfect. It affects your credit. But it buys you time and a structured way to save your house.
Contesting the Foreclosure
If you believe the lender violated the law, you can go to court and challenge the entire sale. Maybe they didn’t send required notices. Maybe they didn’t try to contact you. Maybe the certification is missing.
These violations can completely stop the foreclosure. Courts take them seriously.
Questions People Actually Ask
Can they foreclose without going to court?
Yes. California allows nonjudicial foreclosure. That means the lender doesn’t have to sue you. They just follow the legal process and sell at auction. But they still have to follow every rule. Every single one.
How long does foreclosure really take?
Foreclosure typically takes 6 to 9 months from your first missed payment to the auction sale, though it can extend to 12 months or more with strategic delays. With AB 2424, you could add up to 90 days if you’re selling. That’s real time.
What happens to my credit?
Foreclosure absolutely tanks your credit. But it’s better than a judgment. And if you use modification or short sale, the damage is less severe. Talk to your counselor about the specific impact.
Can I get my house back after foreclosure?
Once the property sells at auction, it’s much harder. But if the lender violated the law, a court might set aside the sale. This is rare but it happens.
What if the sale price doesn’t cover what I owe?
In California, if the property sells for less than your debt, the lender can sometimes sue for a “deficiency judgment.” But this has limits and California has protections against it in many situations. Talk to an attorney about your specific situation.
Do I have to leave my house right away?
No. The new owner has to follow California’s eviction laws. You get notice. You get time. You’re not homeless tomorrow. But don’t ignore legal documents—that makes things worse.
Where do I actually start?
Call a HUD-certified housing counselor. Seriously, this is the first step. They’ll assess your situation and tell you what options actually work for you. It’s free and it’s confidential.
Your Actual Action Plan
Think of your timeline like this. You have room to breathe if you act fast. Here’s what it looks like.
First, if you miss a payment, expect contact within a month. That’s your first opportunity to ask for help.
Second, before any Notice of Default is filed, you have 30 days after contact to respond. Use this time. Apply for loan modification. Talk about forbearance. Explore your options.
Third, once a Notice of Default is filed, you have three months before the sale. That’s a lot of runway if you use it.
Fourth, with AB 2424, you can add 45 days by listing your house. Then add another 45 days if you have a buyer.
That’s not nothing. That’s real time to change your situation.
What to Tell Your Lender
When you contact them or they contact you, say this:
“I want to work with you to avoid foreclosure. I’m exploring my options. Please send me information about loan modification and forbearance.”
Then follow up in writing. Send emails. Get confirmation of everything. This creates a paper trail that protects you.
Don’t lie. Don’t exaggerate. Just be honest about your situation. Lenders actually prefer working with people compared to going through full foreclosure. It costs them less.
The Bigger Picture
Honestly, California’s foreclosure laws actually make sense. They give people time. They require communication. They protect against predatory lenders doing whatever they want.
These laws exist because people fought for them. Homeowners lost their houses unfairly. Lenders cut corners. So California said no more.
You’re not alone in this. Thousands of Californians have used these protections to save their homes. You can too, but you have to act. And you have to act now.
Final Thoughts
Foreclosure is scary. Nobody’s going to tell you it’s not. But California’s laws are actually on your side. They give you tools. They give you time. They require lenders to follow rules.
The key is knowing what to do. You’ve got options. You’ve got protections. You’ve got time.
Contact a HUD-approved housing counselor today. List your house if you’re thinking about selling. Apply for loan modification. Get an attorney if you need one.
Don’t wait until the last minute. Don’t ignore letters from your lender. Don’t assume you have no options.
You do. And now you know it.
Frequently Asked Questions
Can I stop a foreclosure that’s already scheduled for auction?
Yes, if you have a valid defense. A complete loan modification application, a bona fide purchase agreement, a third-party advocate’s request, or proof of lender violations can all postpone or stop the sale.
How much will it cost to get help?
HUD-approved housing counselors are free. Some attorneys charge, but some take foreclosure cases for free or reduced fees if you qualify. Don’t let cost stop you from getting help.
What if I have multiple mortgages?
Your first mortgage takes priority. But AB 130 protects you on second mortgages too. If the second lender tries to foreclose without proper notice or documentation, you can fight it.
Can I stay in my house while fighting foreclosure?
Usually yes, until the sale actually closes. Even after that, the new owner has to follow California’s eviction law. You get proper notice and time. Talk to an attorney about your specific timeline.
What’s the difference between judicial and nonjudicial foreclosure?
Most California foreclosures are nonjudicial (no court involved). The lender just follows the legal process and sells at auction. Judicial foreclosure goes through court, which takes longer but might happen if there are title issues. Either way, you have the same rights.
Should I sign a new loan agreement my lender offers?
Maybe, maybe not. Before you sign anything, have a housing counselor or attorney review it. Don’t rush. Don’t assume it’s helping you if it just sounds official.
Resources and Contact Information
Free Housing Counseling
Call HUD’s toll-free number: 1-800-569-4287 or visit www.hud.gov/findhelp
These counselors are HUD-certified and free. They can review your specific situation and explain all your options.
California Homeowner Bill of Rights Information
California Department of Consumer Affairs: www.dca.ca.gov
Bankruptcy Information
US Courts: www.uscourts.gov | Learn about bankruptcy options and find legal resources.
Legal Aid Organizations
California Rural Legal Assistance: www.crla.org Community Legal Services: www.clsny.org Contact your local bar association for more options in your area.
Official State Resources
California Attorney General Consumer Information: oag.ca.gov Contains foreclosure information and consumer protection details.
Foreclosure Timeline and Defense Information
NOLO: www.nolo.com/legal-encyclopedia/california-foreclosure-laws-procedures.html Legal information about California foreclosure processes and protections.
Important Note: This article provides general legal information about California foreclosure law. It is not legal advice. Every foreclosure situation is unique. Consult with a qualified attorney, HUD-approved housing counselor, or the California State Bar Association for advice specific to your situation. The information is current as of January 2026, but foreclosure laws can change. Always verify current requirements with official sources before taking action.