Notice of Default (NOD)
The first formal notice in non-judicial foreclosure — the document that starts the clock ticking toward the trustee sale.
A Notice of Default (NOD) is the FIRST formal notice in a non-judicial foreclosure. It is recorded by the Trustee (or the Trustee's agent) in the county land records and notifies the borrower and the public that: the borrower is in default under the Deed of Trust, a specific amount is owed (arrears), and the Trustee intends to sell the property if the default is not cured within the statutory reinstatement period. The NOD starts the non-judicial foreclosure clock: after recording, the borrower has a statutory reinstatement period (typically 90-120 days, state-dependent) to cure the default and reinstate the loan. After the reinstatement period expires, a Notice of Trustee Sale is recorded. The NOD must be mailed to the borrower, posted on the property, and (in some states) published. The NOD's content and service are governed by strict state statutes — defects can be grounds for challenging the foreclosure.
Purpose
- 1Formally notify the borrower that the loan is in default and the non-judicial foreclosure process has begun
- 2Start the statutory reinstatement period clock
- 3Provide the borrower with the amount needed to cure the default and reinstate the loan
- 4Establish the first public record of the default for title and lien purposes
Who Prepares It
The Trustee (or the lender's foreclosure attorney on behalf of the Trustee) prepares and records the NOD. The document must comply with state-specific requirements for content, service, and posting.
When It Is Used
Recorded by the Trustee when: (1) the loan is in default, (2) the investor/servicer has authorized foreclosure, and (3) all pre-foreclosure requirements (loss mitigation review, state-required notices) have been satisfied.
Legal Effect
The NOD does NOT transfer title or authorize a sale — it only starts the clock. The borrower has until the reinstatement deadline (end of the statutory reinstatement period, typically 5 days before the sale) to cure the default and reinstate. If the default is cured within the reinstatement period, the NOD is rescinded by recording a Notice of Rescission. If not cured, the Trustee proceeds to record a Notice of Trustee Sale.
Common Mistakes
Homeowner Rights
Other Default & Acceleration Documents
Frequently Asked Questions
How long do I have after the NOD to stop the foreclosure?▼
The reinstatement period varies by state: California = 90 days (extended to 365 days for owner-occupied 1-4 unit properties). Texas = 20 days to cure. Nevada = at least 35 days (with mediation option). Arizona = 90 days. Washington = 90 days. Georgia = 30 days. Typically, you can reinstate any time up to 5 calendar days before the scheduled sale date. After recording the NOD, the Notice of Trustee Sale typically adds an additional 21-30 days. Total NOD-to-sale timeline: typically 4-6 months in non-judicial states, but it varies widely.
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