Foreclosure: Keep Your Home

Facing Foreclosure? Understand Your Options Before You Decide.

My free eBook, How to Avoid Foreclosure in California, introduces the options for catching up on payments, keeping your home, and protecting your equity.

Start with your deadline, then work through the choices that fit your situation.

Download the free guide to prepare your questions and next steps. There is no obligation to list or sell your home.

Get the Free eBook
How to Avoid Foreclosure in California by Edward D. Robinson, Attorney and REALTOR

Use the guide to prepare your next conversation

Understand the process. Learn what foreclosure notices mean and which dates to confirm with your mortgage servicer and trustee.

Explore ways to keep your home. Review payment arrangements, loan modifications, and other possibilities to discuss with your servicer or a HUD-approved housing counselor.

Protect your remaining equity. If keeping the home is not feasible, compare the available options before deciding whether to sell. I can help you estimate market value and potential sale proceeds.

By submitting, you agree that Ed Robinson may contact you about this guide and your real estate needs. No obligation to list or sell. Close form

1. Confirm Your Deadline

Contact your mortgage servicer promptly about options for keeping the home. If an auction is scheduled, confirm its current date directly with the trustee. Gather your notices, recent loan statements, and correspondence. Do not rely on an old sale date or an expected postponement.

Find HUD-approved housing counseling and mortgage help

California Foreclosure Timeline

Illustrative yellow-arrow timeline from default through Notice of Default, Notice of Trustee Sale, and auction. Day labels are examples; see timing qualifications below.

Swipe left or right to read the timeline. Tap it to open the full-size image.

1. Missed payments Contact your servicer about assistance before the situation escalates.

2. Notice of Default The recorded notice starts the formal nonjudicial foreclosure process.

3. Notice of Trustee Sale The notice identifies a scheduled auction. Verify the current date with the trustee.

4. Trustee’s sale The auction may proceed unless it is postponed or stopped through an applicable process. Selling before the foreclosure auction may bring a higher price because you can reach homebuyers as well as investors looking for discounted properties.

What These Dates Mean for You

Your actual notices and verified deadlines control. This shows the sequence, not a guaranteed number of days. Reinstatement may remain available after the sale notice; confirm the amount and deadline promptly.

Timing varies. For most covered mortgages, foreclosure generally cannot begin until the loan is more than 120 days delinquent. California’s sale-notice stage generally follows three months after the NOD, with a limited early-recording exception; the earliest sale is three months and 20 days after the NOD.

Reinstatement can remain available after the NTS. The statutory right generally ends five business days before the scheduled sale, subject to postponement rules. Confirm your current sale date, reinstatement amount, and deadline with the trustee and independent counsel.

California Civil Code §§ 2924, 2924c and 2924f · Federal timing guidance

2. Options for Keeping Your Home

Bring the Loan Current

Pay the missed mortgage payments and required fees to catch up. This is called reinstatement.

Ask the company that collects your mortgage payments, or the trustee handling the foreclosure, for the exact amount, payment instructions, and deadline in writing. After you pay, get written confirmation that you have caught up and continue making your regular payments.

Repayment Plans, Forbearance, and Deferral

A repayment plan adds part of what you missed to your regular payments until you catch up. Forbearance temporarily reduces or pauses your payments. Deferral puts off repayment of missed amounts until a later date. You still owe the money.

Ask your mortgage company how much you would pay, when payments would start, and when the missed amounts would be due.

Loan Modification

Your mortgage company may agree to change your existing loan to make the monthly payment more affordable—for example, by lowering the interest rate or giving you more time to repay. Approval is not automatic.

Ask what documents you must provide, what the new payment would be, and how missed payments would be handled.

Assistance for Your Loan Type

The help available can depend on whether your mortgage is backed by FHA, VA, USDA, Fannie Mae, or Freddie Mac.

Ask the company that collects your payments which type of loan you have and what help it offers for missed payments. Get a written explanation of the payment amount and when any postponed payments must be repaid.

Savings, Family Help, or Other Assets

You may be able to catch up using savings, help from family, or money from selling another asset.

First, get the exact amount needed and the payment deadline. If you borrow from family or another source, calculate whether you can afford both that repayment and your regular mortgage payment.

Retirement Funds

Some retirement plans let you borrow or withdraw money to prevent foreclosure. A loan must be repaid. A withdrawal leaves less money for retirement and may create taxes or penalties.

Ask your plan administrator how much you could receive and how soon, and ask your tax adviser what it would cost before using this money.

Refinancing

Refinancing replaces your mortgage with a new loan that pays off the old one. Missed payments can make it harder to qualify.

Ask the lender for the new monthly payment, fees, and total cost of the loan. The new loan must close in time; submitting an application does not stop a foreclosure sale.

Reverse Mortgage

An FHA-insured reverse mortgage may let a homeowner age 62 or older borrow against the value of the home without making monthly principal-and-interest payments. You must have enough equity, and the existing mortgage must be paid off when the new loan closes.

You must still live in the home, pay property taxes and insurance, and maintain it. Ask a qualified lender and HUD-approved housing counselor whether you qualify and whether the loan can close before the foreclosure sale.

Bankruptcy or Other Legal Relief

Chapter 13 bankruptcy may stop a foreclosure temporarily and let you repay missed payments through a court-approved plan while making your regular mortgage payments. Ask a bankruptcy attorney whether you qualify and how any earlier bankruptcy filings affect you.

If you believe the mortgage company made a mistake or broke the law, ask a foreclosure attorney what can be done before the sale. Complaining or planning to file a case does not itself stop the auction.

3. If You Cannot Keep Your Home

Before deciding whether to sell, estimate your equity and compare the available sale options.

Understand What Equity May Remain

Missed payments do not tell you what your home is worth. Start with its current market value and subtract the total debt secured against it.

Suppose your home is worth $800,000 and you owe $500,000 on the mortgage and other liens. That leaves $300,000 before selling costs and any other amounts you must pay at closing. The amount you actually receive would be lower.

Traditional Residential SaleYou can list your home for a regular residential sale, including selling it in its current condition without making repairs. This lets you reach homebuyers as well as investors. Buyers can still inspect the home and negotiate the price, and you still have to make required disclosures.If your home is listed or you receive an offer, I can contact your lender to request that the auction be postponed so the sale can close. The lender must agree, and we need confirmation of the postponement.
Cash PurchaseA cash buyer pays without taking out a mortgage for the purchase. That may allow a faster closing, but compare the offer with what other buyers might pay. Ask for proof that the buyer has the money, check any conditions that let the buyer cancel, and calculate how much you would keep after debts and selling costs are paid.
Short SaleIf your home would sell for less than you owe on the mortgage and other liens, you may be able to sell with the lenders’ approval. They must agree to accept reduced payoffs and release their liens so the sale can close. Whether you could still owe money afterward depends on the loan, applicable law, and approval terms.
Deed in Lieu of ForeclosureYou transfer ownership of the home to the lender instead of going through a foreclosure sale. The lender must agree. Before signing, have an attorney review whether you would still owe any money, how other liens would be handled, and when you would have to move out.

Which options you can use depends on what you owe, what you can afford, who has a lien on the home, and how much time remains before the sale. Ask your mortgage company or attorney which options are available to you.

4. Watch for Foreclosure Assistance Scams

Guaranteed Rescue. Promises to save the home regardless of your circumstances.
Pressure to Sign. No time to review documents or seek independent advice.
Upfront Relief Fees. Payment demanded before promised loan-modification services are completed.
Title Transfer Schemes. A request to deed away your home as part of a rescue arrangement.
Cut Off Your Lender. Instructions to ignore the servicer or redirect mortgage payments.

5. Find Independent Help

HUD-participating agencies provide foreclosure counseling free of charge. You can use these resources without hiring me or agreeing to sell.

Frequently Asked Questions

Can I sell after a foreclosure notice, and will listing stop the auction?

Yes, a sale may still be possible. If your home is listed or you receive an offer, I can contact your lender to request that the auction be postponed so the sale can close. The lender must agree, and we need confirmation of the postponement. Confirm the current auction date with the trustee and check how much you owe and how long closing will take.

How much money would I actually receive if I sell?

Ask for an estimated seller net sheet, rather than looking only at the sale price. It should account for current loan payoffs, other liens, accrued charges, commissions, escrow and title charges, and other applicable costs. For example, $800,000 less $580,000 in payoffs and $40,000 in selling costs leaves an estimated $180,000 before any other adjustments or taxes.

What if I owe more than the home is worth?

A conventional sale may not produce enough to satisfy all secured debts and selling costs. A short sale requires necessary creditor approvals and may take time. Ask the servicer about available alternatives, and obtain independent legal and tax advice before accepting terms that affect unpaid debt.

Do I need repairs or a cash buyer to sell in time?

Neither is automatically required. Compare a traditional residential sale in the home’s current condition with a cash offer using net proceeds, contingencies, proof of funds, and the verified closing deadline. Before paying for repairs or cleanout, weigh the likely benefit against cost and delay. An as-is sale still carries applicable disclosure duties.

How do I know who a buyer or agent represents?

Ask each participant to explain their role, compensation, and any relationship with the proposed buyer. A cash buyer purchasing for its own account has different interests from an agent representing you as the seller. Review the agency disclosures and written agreements before signing, and seek independent advice if a role or financial interest is unclear.

Does an auction automatically eliminate all my equity?

No. Surplus proceeds may remain after applicable debts and costs, subject to lien priorities and distribution requirements. That does not guarantee the same outcome as a voluntary sale. Obtain qualified advice about remaining rights or proceeds.

Start With the Numbers

I can help you estimate market value and potential sale proceeds before you decide whether to sell. There is no obligation to list your home.

Request a Free Equity Analysis

Prefer email? edrobinson@partner.realestate
619-213-7483