1. What Is the Notice of Default (NOD)?
The Notice of Default is the first official step in California’s nonjudicial foreclosure process (Cal. Civ. Code § 2924(a)(1)). It’s recorded by the trustee (on behalf of the lender) after you’ve missed at least three mortgage payments or defaulted on another loan term. The NOD serves as formal notice that:
- You’re in default on your loan;
- The lender intends to foreclose; and
- You have at least 90 days to reinstate (catch up) the loan.
During this period, you still own your home and have the legal right to:
- Submit a loan modification or forbearance request;
- Sell or refinance;
- Pay the full past-due balance plus fees to reinstate the loan (Cal. Civ. Code § 2924c).
2. What Is the Notice of Trustee’s Sale (NOS)?
If the default isn’t cured within 90 days, the trustee may record a Notice of Trustee’s Sale (NOS). This document sets the auction date and must be:
- Posted on the property,
- Mailed to all interested parties, and
- Published in a local newspaper for three consecutive weeks (Cal. Civ. Code § 2924f).
The sale can occur no sooner than 21 days after the NOS is recorded.
3. Key Differences Between NOD and NOS
| Feature | Notice of Default (NOD) | Notice of Trustee’s Sale (NOS) |
| Timing | First stage | Second stage, after 90+ days |
| Purpose | Warns of default | Schedules foreclosure sale |
| Rights | Reinstate, modify, or sell | Pay in full to stop sale |
| Typical Duration | 90+ days | 21+ days before sale |
Together, these notices form the minimum 111-day timeline for California nonjudicial foreclosures (Cal. Civ. Code § 2924).
4. What to Do If You Receive Either Notice
- Don’t ignore it. Early response is your best defense.
- Verify accuracy. Ensure the amounts claimed are correct and that the trustee is legitimate.
- Document everything. Keep copies of notices, mailing envelopes, and any communications with the lender.
- Seek help immediately. Contact a HUD-approved housing counselor, foreclosure attorney, or KeepMyHouse.org for educational guidance.
5. Your Options Remain Open Until the Sale
Even after receiving the NOS, you can stop foreclosure by paying the full balance up to five business days before the sale. If your lender proceeds without honoring modification review or notice requirements, you may have grounds to challenge the sale under the California Homeowner Bill of Rights (HBOR). Knowledge of what each notice means can turn panic into action. The NOD is your warning—the NOS is your countdown. Either way, California law gives you tools and time to fight back.
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