Avoid Foreclosure in Fresno

How foreclosure works for Fresno homes

Most California foreclosures happen outside of court. The lender records a Notice of Default with the county, waits at least three months, then records a Notice of Trustee’s Sale at least 20 days before the auction. For a Fresno home, those notices are recorded with the Fresno County Recorder at 1250 Van Ness Ave in Fresno. You can usually bring the loan current up to five business days before the sale date, and you can still sell the house before the auction. How foreclosure works in California, step by step

The California foreclosure timeline, step by step

1. Missed payments and the 30-day contact rule. For a home you live in (up to four units, first mortgage), the lender has to contact you, or try hard to, at least 30 days before it can record a Notice of Default.
2. Notice of Default. The lender records it with the county recorder. It starts the clock. It must warn you in capital letters that your home may be sold without any court action.
3. At least three months of waiting. The next notice can’t come until three months after the Notice of Default is recorded. If you haven’t caught up within 30 days, you also get a “YOU ARE IN DEFAULT” letter in the mail.
4. Notice of Trustee’s Sale. At least 20 days before the auction it must be posted on your door, posted in a public place, published in a newspaper once a week for three weeks, and recorded with the county.
5. The reinstatement deadline. You can usually bring the loan current by paying what’s past due, plus allowed fees, until five business days before the sale date in the first notice of sale.
6. The auction (trustee’s sale). If nothing changes, the house is sold at auction. Sales are often postponed, which moves the date later.
7. After the sale. For homes with one to four units, the sale isn’t final right away: tenants and certain other buyers have a window of 15 to 45 days to make an offer. After a non-court foreclosure, the former owner generally has no right to buy the house back.

What can pause the process

If you send your servicer a complete loan modification application at least five business days before a scheduled sale, the law says it can’t move ahead with the foreclosure while the application is being reviewed. If you are approved for a modification, forbearance or repayment plan and keep to it, no Notice of Default can be recorded. A HUD-approved housing counselor can help with these options for free.

More about selling a house in Fresno.

This page is general information about California law, not legal advice, and it does not promise any result. Your dates depend on your loan and your notices. For advice on your situation, talk to a California attorney or a HUD-approved housing counselor.