California is a non-judicial foreclosure state. You will not receive a Summons and Complaint. Instead, you receive a Notice of Default and Notice of Trustee Sale. To stop the foreclosure, you must file a civil lawsuit in California Superior Court. Here is exactly how.
California uses a non-judicial foreclosure process under the power of sale clause in your deed of trust. The lender does not sue you in court — so you are never served with a Summons and Complaint. Instead, the trustee records a Notice of Default (NOD) followed by a Notice of Trustee Sale (NTS). To defend your home, you must become the plaintiff and file a civil lawsuit against the lender or trustee.
California Foreclosure Timeline
NOD recorded → 90+ day waiting period → NTS recorded at least 90 days before sale → Publication for 3 consecutive weeks → Trustee sale. The entire process takes approximately 200+ days minimum — giving you substantial time to file a lawsuit.
Verify the NOD or NTS Has Been Recorded
Check your county recorder's office for the recorded Notice of Default. The NOD triggers the 90-day waiting period. If a Notice of Trustee Sale has been recorded, your timeline is shorter — act immediately.
Prepare Your Civil Complaint
Your complaint should allege: wrongful foreclosure, violation of the California Homeowner Bill of Rights (HBOR), dual tracking violations, TILA/RESPA claims, lack of standing, or other lender violations. The complaint must state specific facts and legal claims.
File in California Superior Court
File your complaint in the Superior Court in the county where the property is located. Filing fee: $435-$450 for unlimited civil cases (over $25,000). Fee waivers available. You may also need to file a Lis Pendens (Notice of Pendency of Action) against the property.
Consider a Temporary Restraining Order (TRO)
If the trustee sale is imminent (within days), file an ex parte application for a Temporary Restraining Order to halt the sale. Requires: verified complaint, declaration showing irreparable harm, proposed TRO order, and undertaking (bond).
Serve the Defendants and Prosecute Your Case
Serve the lender, trustee, and any other defendants. The lender will have 30 days to respond after service. Be prepared for demurrers, motions to strike, and motions for summary judgment. Your case now follows standard California civil procedure.
| Foreclosure Type | Non-Judicial (deed of trust with power of sale) |
| NOD Waiting Period | 90 days minimum (Cal. Civ. Code § 2924) |
| NTS Before Sale | At least 90 days, plus 20 days publication |
| Court for Lawsuit | California Superior Court (county of property) |
| Filing Fee | $435-$450 (unlimited civil) |
| Key Law | California Homeowner Bill of Rights (HBOR), Cal. Civ. Code § 2923.5-2924 |
California's HBOR provides strong protections: servicers must contact you before recording NOD, dual tracking is prohibited, and you have the right to sue for material violations.
Get Help With Your CA Case