Deficiency judgment action after nonjudicial (power of sale) foreclosure: must be brought within three months of the trustee's sale
3 months after date of the trustee's sale under the deed of trust or mortgage, under Cal. Code Civ. Proc. 580a.
Rule text
Any such action must be brought within three months of the time of sale under the deed of trust or mortgage.
Calculate this deadline
Deadline
Monday, February 8, 2027
- Trigger (Date of the trustee's sale under the deed of trust or mortgage): Friday, November 6, 2026.
- Add 3 months: Saturday, February 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, February 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Code Civ. Proc. 580a
Any such action must be brought within three months of the time of sale under the deed of trust or mortgage.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Applies only where a deficiency is otherwise permitted. A deficiency after a trustee's sale is generally barred by CCP 580d (and purchase-money loans by 580b); 580a applies mainly to actions by sold-out junior lienors or guarantors/other obligations where not barred (research case law before relying). CCP 12a roll assumed for a weekend/holiday last day. CCP 580a last amended by Stats. 1988, ch. 1199, operative July 1, 1989.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the trustee's sale under the deed of trust or mortgage on Monday, March 15, 2027, personal service: due Tuesday, June 15, 2027.
- Trigger (Date of the trustee's sale under the deed of trust or mortgage): Monday, March 15, 2027.
- Add 3 months: Tuesday, June 15, 2027.
Notes
Applies only where a deficiency is otherwise permitted. A deficiency after a trustee's sale is generally barred by CCP 580d (and purchase-money loans by 580b); 580a applies mainly to actions by sold-out junior lienors or guarantors/other obligations where not barred (research case law before relying). CCP 12a roll assumed for a weekend/holiday last day. CCP 580a last amended by Stats. 1988, ch. 1199, operative July 1, 1989.
Related deadlines
- Nonjudicial foreclosure (small servicer, Civ. Code 2923.5): earliest date to record notice of default, 30 days after initial borrower contact or after due diligence is satisfied (30 days after)
- Nonjudicial foreclosure (servicers other than small servicers, Civ. Code 2923.55): earliest date to record notice of default, 30 days after initial borrower contact or after due diligence is satisfied (30 days after)
- Pre-NOD outreach: servicer must schedule the borrower's requested follow-up meeting to occur within 14 days (14 days after)
- Pre-NOD due diligence: certified letter (return receipt) may be sent if borrower does not respond within two weeks after the three telephone attempts (14 days after)
- Nonjudicial foreclosure: notice of sale may be given only after three months have elapsed from recording of the notice of default (3 months after)
- Nonjudicial foreclosure: notice of sale posted (public place and on property), first published, and recorded at least 20 days before the sale date (20 days before)
- Nonjudicial foreclosure (1-4 unit residential, first lien): beneficiary provides fair market value to trustee at least 10 days before the initially scheduled sale (67 percent minimum bid at first sale) (10 days before)
- Nonjudicial foreclosure (1-4 unit, first lien): if unsold at first sale (67 percent floor), trustee postpones the sale at least seven days (7 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.