California
California Civil Code § 2924. Both foreclosure state.
Judicial Type
Both
Redemption
No statutory right of redemption after non-judicial trustee
Deficiency
California has a strong anti-deficiency regime: (1) no defic
Mediation
California Homeowner Bill of Rights (HBOR) requires lenders
Statute Citation
Cal. Civ. Code §§ 2920-2944.10
Redemption Period
No statutory right of redemption after non-judicial trustee sale. For judicial foreclosure: 3 months if property sold for less than the debt; 1 year if proceeds exceed the debt (Cal. Code Civ. Proc. § 729.030).
Deficiency Judgment Rule
California has a strong anti-deficiency regime: (1) no deficiency on purchase-money loans for owner-occupied 1-4 unit residential property (Cal. Code Civ. Proc. § 580b), (2) no deficiency after non-judicial trustee sale on ANY residential 1-4 unit property regardless of loan purpose (Cal. Code Civ. Proc. § 580d), (3) deficiency ONLY available after judicial foreclosure on non-purchase-money loans not covered by § 580b.
Notice Requirements
Notice of default recorded and mailed to borrower. 3-month reinstatement period after NOD recording. Notice of sale recorded, posted, and mailed at least 20 days before sale. California's notice requirements are detailed and strict — violations support a wrongful foreclosure claim.
Mediation Program
California Homeowner Bill of Rights (HBOR) requires lenders to provide a single point of contact and prohibits dual tracking. Some counties have mediation programs.
Key Provisions
- Non-judicial and judicial foreclosure both available — non-judicial is the norm (over 99% of foreclosures)
- California Homeowner Bill of Rights (HBOR): single point of contact, dual tracking prohibition, requirement to provide written denial reasons
- Borrower has 3 months after notice of default to cure (longer than most states)
- Trustee sale cannot be set aside except for grossly inadequate price or procedural irregularity
- Trustee must be a title company, attorney, or other qualified entity
Homeowner Protections
- Anti-deficiency protection for purchase-money loans on owner-occupied property (one of the strongest in the US)
- No deficiency after non-judicial trustee sale of any residential 1-4 unit property (regardless of loan type)
- 3-month reinstatement period is among the longest in the nation
- HBOR provides single point of contact and dual tracking prohibition
- Lender must provide a written denial with specific reasons for loan modification denial
- Homeowner may sue for wrongful foreclosure for procedural irregularities (£2924 violations are common)
Frequently Asked Questions
When is a lender prohibited from getting a deficiency judgment in California?+
What is the California Homeowner Bill of Rights (HBOR)?+
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