Question 1

How do I stop a trustee sale in California?

Accepted Answer

You can stop a California trustee sale by: (1) invoking AB 2424 — submitting a valid listing agreement at least 5 business days before the sale for a mandatory 45-day postponement (Cal. Civ. Code § 2924.11); (2) applying for a loan modification, which halts dual tracking under HBOR (Cal. Civ. Code § 2923.6); (3) reinstating the loan up to 5 business days before the sale (Cal. Civ. Code § 2924c); or (4) filing for bankruptcy to trigger the automatic stay (11 U.S.C. § 362). Call 45 Day Relief at (800) 224-6962 for a free consultation.

Question 2

What is AB 2424 and how does it help California homeowners?

Accepted Answer

AB 2424 (effective January 1, 2025) amended Cal. Civ. Code § 2924.11 to give California homeowners a mandatory 45-day trustee sale postponement when they submit a valid listing agreement to the trustee at least 5 business days before the scheduled sale. This gives homeowners time to sell the property on the open market, potentially preserving equity and avoiding foreclosure on their credit report.

Question 3

Can I get a loan modification if I am already in foreclosure in California?

Accepted Answer

Yes. Under California's Homeowner Bill of Rights (HBOR), a lender cannot dual-track — meaning they cannot continue foreclosure proceedings while a complete loan modification application is under review (Cal. Civ. Code § 2923.6). Submitting a complete application can halt the foreclosure process while the lender evaluates your request.

Question 4

What are my rights under the California Homeowner Bill of Rights (HBOR)?

Accepted Answer

Under HBOR (Cal. Civ. Code §§ 2923.55–2924.12), California homeowners have: the right to be contacted 30 days before a Notice of Default is filed (§ 2923.55); a ban on dual tracking while a complete modification application is pending (§ 2923.6); the right to a single point of contact at the servicer (§ 2923.7); and the right to sue for damages and injunctive relief if the lender violates these protections (§ 2924.12).

Question 5

How long does foreclosure take in California?

Accepted Answer

California non-judicial foreclosure takes a minimum of about 120 days from Notice of Default (NOD) to trustee sale. The lender must wait 30 days before filing the NOD (Cal. Civ. Code § 2923.55), then 90 days after the NOD before recording a Notice of Trustee Sale (Cal. Civ. Code § 2924), and the sale must be scheduled at least 21 days after the NTS is published (Cal. Civ. Code § 2924f). AB 2424 can add an additional 45 days if invoked.

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