A Notice of Trustee Sale can feel like the process is entirely out of your hands. It isn’t. California law, particularly the California Homeowner Bill of Rights, gives homeowners real, enforceable protections throughout the foreclosure process, including after this notice is recorded.
Understanding these rights won’t stop a sale by itself, but it tells you what your servicer is required to do, what they’re not allowed to do, and where you have room to act.
Quick Answer
You generally have the right to reinstate your loan up until a set point before the sale, the right to a single point of contact at your servicer, the right to have your loan modification application reviewed before, not during, a scheduled sale in most cases, and the right to accurate information about who actually holds the authority to foreclose. These protections come primarily from California’s Homeowner Bill of Rights and apply to first-lien mortgages on owner-occupied homes with up to four units. If you believe your rights were violated, you generally have legal recourse, though pursuing it usually requires an attorney.
Where These Rights Come From
Most of what’s discussed on this page traces back to California’s Homeowner Bill of Rights, a set of statutes originally enacted in 2012 and updated since. These protections generally apply to first-lien mortgages or deeds of trust secured by owner-occupied residential property containing no more than four dwelling units. If your situation involves a rental property, a commercial property, or a junior lien, some of these specific protections may not apply the same way, and it’s worth confirming your situation with an attorney or housing counselor.
Your Right to Be Contacted Before Foreclosure Began
Before a Notice of Default could even be recorded, your servicer was generally required to make good-faith contact with you, in person or by phone, to discuss your situation and any options to avoid foreclosure. Under Civil Code Section 2923.5, if the servicer couldn’t reach you, they were required to satisfy specific contact attempt requirements before moving forward. If they scheduled a follow-up meeting at your request, it generally had to happen within 14 days. CA
This right applied earlier in the process, but it matters now too: if this step wasn’t properly followed, it can be relevant to how the rest of the foreclosure has proceeded.
Your Right to a Single Point of Contact
If you’ve requested a loan modification or another foreclosure-prevention option, you generally have the right to a single point of contact, a specific person or team at your servicer, under Civil Code Section 2923.7. That contact should know the facts and status of your application, including any missing documents, and be able to help you get an actual decision, rather than passing you between different representatives who don’t know your file.
If you’ve been unable to get consistent answers or keep getting transferred without progress, this right is worth raising directly with your servicer, in writing, referencing this section of the law.
Your Right Against Dual Tracking
Dual tracking is when a servicer continues pushing forward with foreclosure while simultaneously reviewing your loan modification application. California law generally prohibits this. Under Civil Code Section 2924.11 (the current version of this protection, which replaced the earlier Section 2923.6), a servicer generally cannot record a notice of sale or conduct a foreclosure sale while a complete application for a foreclosure prevention alternative is pending, and it also generally cannot foreclose while you’re complying with the terms of an approved loan modification, forbearance, repayment plan, or other foreclosure-prevention option.
If you submitted a complete loan modification application and your Notice of Trustee Sale was recorded or your sale date is proceeding anyway, this is worth raising with your servicer, a housing counselor, or an attorney right away, since it may indicate a violation of this protection.
Your Right to Reinstate the Loan
Under Civil Code Section 2924c, you generally have the right to reinstate your loan, paying the missed amount plus fees and costs, up until five business days before the scheduled sale date, though your servicer can confirm your exact cutoff. This right exists specifically to give homeowners a defined window to cure the default and stop the sale without needing the lender’s special permission. jdsupra
Your Right to Accurate Foreclosure Documentation
Under Civil Code Section 2924.17, the entity foreclosing on you is generally required to have accurate, substantiated documentation establishing its right to foreclose before recording foreclosure-related documents. In practical terms, this means the servicer or trustee should be able to demonstrate they actually have the legal authority to foreclose on your specific loan.
If you have reason to believe there’s an error in who holds your loan or the documentation behind the foreclosure, this is a question for an attorney, since disputing this can meaningfully affect the process.
Your Right to Postpone the Sale by Listing the Property
For eligible owner-occupied residential properties, AB 2424, effective January 1, 2025, created a right to postpone a scheduled trustee sale by submitting a signed listing agreement with a licensed California real estate broker before the auction date, and potentially a second postponement once a signed purchase agreement is submitted. This provision has specific eligibility requirements and is relatively new, so confirming your property and situation qualify with your servicer, trustee, or an attorney before relying on it is worth doing.
Your Rights If You Believe a Violation Occurred
If you believe your servicer violated one of these protections, California law generally allows homeowners to pursue legal action for material violations of several of these sections, including the pre-Notice-of-Default contact requirement, the single point of contact requirement, the dual tracking prohibition, and the documentation accuracy requirement. Pursuing this generally requires working with an attorney, since it involves formal legal claims, not simply a complaint to the servicer.
Your Rights as a Tenant, If the Property Is a Rental
If you’re a tenant living in a property facing foreclosure rather than the owner, separate protections apply to you, including notice requirements before you can be required to leave, which differ from an owner’s rights under the statutes above. This is a distinct legal area worth researching specifically if it applies to your situation, since tenant protections and owner protections under California foreclosure law are not the same thing.
Your Rights After the Sale, If It Proceeds
If the sale takes place, your rights shift. You generally do not have a post-sale right of redemption in a non-judicial foreclosure in California, meaning there typically isn’t a legal path to reclaim the property afterward by paying what was owed. What you generally do retain is the right to remain in the property until the new owner completes a formal legal process to obtain possession, rather than being removed the same day as the sale.
A Realistic View of What These Rights Can and Can’t Do
These protections are real and enforceable, but it’s worth being honest about their limits. They generally require the servicer to follow a fair process; they don’t generally guarantee you’ll keep the home or that a loan modification will be approved. Understanding your rights helps you make sure the process is being followed correctly and gives you leverage if it isn’t, but it’s not a substitute for having a realistic plan for your specific financial situation.
How EZ Casa Buyer Fits Into This Picture
Understanding your rights is separate from deciding what to actually do next. If, after reviewing your options and protections, a direct sale looks like it could fit your situation, we’re glad to give you a straightforward, no-obligation review. If you believe your rights under the Homeowner Bill of Rights have been violated, that’s a conversation worth having with an attorney first, and we’re happy to point you toward that kind of help if you need it.
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Frequently Asked Questions
Do I have the right to stop the sale by paying what I owe?
Generally, yes. You have the right to reinstate your loan up until a set point before the sale, typically five business days beforehand, though your servicer can confirm your exact cutoff.
Can my servicer foreclose while reviewing my loan modification application?
Generally, no. California’s dual tracking protections under Civil Code Section 2924.11 generally prohibit this while a complete application is pending, with some exceptions.
Do I have a right to a specific person handling my case at my servicer?
Yes, generally. If you’ve requested a loan modification or other foreclosure-prevention option, you have the right to a single point of contact under Civil Code Section 2923.7.
What if my servicer never contacted me before starting foreclosure?
Under Civil Code Section 2923.5, servicers are generally required to make good-faith contact or satisfy specific contact requirements before recording a Notice of Default. If this didn’t happen, it’s worth discussing with an attorney.
Do these protections apply to rental or investment properties?
Most of the Homeowner Bill of Rights protections discussed here apply specifically to owner-occupied properties with up to four units. Rental and investment properties may have different or more limited protections, and it’s worth confirming your specific situation with an attorney.
Can I sue my servicer if they violated one of these rights?
California law generally allows legal action for material violations of certain of these protections. This typically requires working with an attorney, since it involves formal legal claims.
Do I have any rights after the sale happens?
You generally do not have a right to buy the property back in a non-judicial foreclosure. You generally do retain the right to remain in the property until the new owner completes a formal legal process to obtain possession.
Where can I get help understanding whether my rights were followed correctly?
A HUD-approved housing counselor can help you understand the general process, and an attorney can evaluate whether a specific right may have been violated in your case.
A Final Word
California gives homeowners real, meaningful rights throughout the foreclosure process, not just theoretical ones. Knowing what your servicer is required to do, and what you’re entitled to ask for, puts you in a stronger position no matter which path you ultimately choose.
If you want to talk through your situation, including where a direct sale might fit, we’re glad to help, with no pressure and no obligation.
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