Notice of Default in Fresno: The California Timeline and Your Options

Please read first. HTV Properties is a private house-buying company. We are not attorneys, not a law firm, not housing counselors, and not representatives, agents or affiliates of any lender, trustee, court, or any federal, state, county or city agency. Nothing on this page is legal, financial or tax advice, and reading it does not create any professional relationship of any kind. Everything set out below is a plain-English summary of what the State of California itself publishes — the statutes and the 2024 legislation named in each section. Nothing here is our own interpretation, opinion or recommendation about what you should do. Your own recorded documents and your own dates govern your situation. Verify everything with the sources named below, a HUD-approved housing counselor, or a licensed California attorney before you act.

What a notice of default is

California foreclosures are generally non-judicial, meaning they proceed outside court. Under California Civil Code section 2924, the process begins when a notice of default is recorded — in this county, with the Fresno County Recorder. Because it is a recorded document, it becomes a public record, which is why homeowners commonly receive unsolicited mail soon afterward.

The timeline California statute sets out

The following are the minimum periods stated in the California Civil Code. They are statutory minimums only; actual cases frequently run longer, and sales are commonly postponed.

  • Notice of default recorded — begins the process under Civil Code section 2924.
  • At least 3 months after that recording — the period that must elapse under section 2924 before notice of the trustee sale may be given.
  • At least 20 days before the sale date — the period for publishing, posting and mailing the notice of trustee sale under section 2924. This notice states the date, time and place of sale.
  • Until 5 business days before the sale date — the reinstatement period stated in Civil Code section 2924c, which provides the right to reinstate "at any time within the period commencing with the date of recordation of the notice of default until five business days prior to the date of sale."
  • If a sale is postponed more than 5 business days — section 2924c states the right of reinstatement is revived as of the date of postponement and continues until five business days before the new date.

What AB 2424 provides

California Assembly Bill 2424 took effect January 1, 2025 and applies to residential properties of one to four units. As published, it provides homeowners the following:

  • Postponement on a listing agreement. Where a valid listing agreement with a licensed broker is provided to the trustee at least five business days before the sale, at a listing price sufficient to cover the amount owed, the sale is postponed by at least 45 days.
  • Further postponement on a purchase agreement. Where a fully executed purchase agreement is provided five business days before the postponed sale date, a further postponement of at least 45 days may apply.
  • Third-party notification. A homeowner may designate a third party to receive copies of foreclosure notices.
  • Opening bid floor. A fair market value estimate is to be provided 10 days before the sale, and the opening bid may not be lower than 67 percent of that value.

Whether any of these apply to a particular property, and how, depends on that property’s own facts and dates. Confirm with the trustee named on your notice, or with an attorney.

Options California publishes for homeowners in default

State and federal housing resources describe the following as options generally available to homeowners in default. This list is descriptive only. We are not recommending any of them and we are not qualified to tell you which applies to you.

  • Reinstatement — paying the amount in arrears plus permitted costs and fees within the period described in Civil Code section 2924c. The trustee provides the reinstatement figure on request.
  • Loan modification, repayment plan or forbearance — arrangements offered at the discretion of the loan servicer. HUD-approved housing counseling agencies assist with these at no cost.
  • Sale on the open market — listing the property with a licensed real estate broker, which under AB 2424 may also support a postponement as described above.
  • Sale to a cash buyer — a private sale, typically without repairs, showings or financing contingencies, and typically at a price below open-market value. This is the category HTV Properties falls into.
  • Short sale or deed in lieu of foreclosure — arrangements requiring lender approval, generally where the amount owed approaches or exceeds the property value.
  • Allowing the trustee sale to proceed.

Where to get help that is not us

HUD-approved housing counseling agencies provide free foreclosure counseling; agencies can be located through the U.S. Department of Housing and Urban Development. The California Department of Real Estate and the California Department of Financial Protection and Innovation publish consumer material on foreclosure and on foreclosure-related scams. For advice on your specific situation, consult a licensed California attorney.

California law prohibits charging an advance fee for residential loan modification services. State consumer agencies also caution against signing any document transferring title in exchange for a promise regarding your loan. If something is being asked of you that you do not understand, do not sign it.

Related pages on this site: stopping foreclosure in Fresno and falling behind on Fresno property taxes.

If you want a cash offer

HTV Properties is a family-run house-buying company in Fresno. We buy houses in any condition, we pay cash, and we charge no fees or commissions. That is the only thing we do, and it is one of several options listed above — not necessarily the right one for you.

If you would like an offer on your property, call (559) 854-1663 or send us the address. There is no cost and no obligation. We will not advise you on your foreclosure, because we are not qualified to.

Disclaimer

HTV Properties LLC is a private real estate investment company that purchases residential property. We are not attorneys, not a law firm, not accountants, not licensed housing counselors, and not agents, representatives or affiliates of any lender, loan servicer, trustee, court, or any government agency at the federal, state, county or city level. No content on this page is legal, financial, tax or investment advice, and no attorney-client, fiduciary or advisory relationship is created by reading it or by contacting us. The statutory descriptions above are general summaries of publicly published California law — Civil Code sections 2924 and 2924c and Assembly Bill 2424 — provided for general information only; they are not complete, may not reflect subsequent amendments, and are not a substitute for reading the statutes themselves. We make no representation or warranty as to the accuracy, completeness or currency of any of it. Foreclosure outcomes depend entirely on the individual documents, dates and circumstances of each property. Do not rely on this page. Consult a licensed California attorney, a HUD-approved housing counselor, or the trustee identified on your own recorded notice before taking or declining to take any action.

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