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 date the telephone-contact requirements (three attempts at different hours on different days) were satisfied, under Cal. Civ. Code 2923.5(e)(3); 2923.55(f)(3).
Rule text
(3) If the borrower does not respond within two weeks after the telephone call requirements of paragraph (2) have been satisfied, the mortgage servicer shall then send a certified letter, with return receipt requested, that includes the toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency.
Calculate this deadline
Deadline
Monday, November 23, 2026
- Trigger (Date the telephone-contact requirements (three attempts at different hours on different days) were satisfied): Friday, November 6, 2026.
- Exclude the trigger day and count 14 calendar days: Friday, November 20, 2026.
- The period includes its last day, so the earliest day to act is the next court day: Monday, November 23, 2026.
Rules applied
Cal. Civ. Code 2923.5(e)(3); 2923.55(f)(3)
(3) If the borrower does not respond within two weeks after the telephone call requirements of paragraph (2) have been satisfied, the mortgage servicer shall then send a certified letter, with return receipt requested, that includes the toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency.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
- Quote is from 2923.55(f)(3); 2923.5(e)(3) is the same except that it omits the HUD-number clause. 'Two weeks' = 14 days. The 30-day NOD waiting period runs from satisfying ALL due diligence requirements (fc_nod_30_days_after_contact_*). Applies only to first-lien mortgages or deeds of trust secured by owner-occupied residential real property with no more than four dwelling units (Civ. Code 2924.15(a), as amended by Stats. 2024, ch. 601 (SB 1146)).
- 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 the telephone-contact requirements (three attempts at different hours on different days) were satisfied on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.
- Trigger (Date the telephone-contact requirements (three attempts at different hours on different days) were satisfied): Monday, March 15, 2027.
- Exclude the trigger day and count 14 calendar days: Monday, March 29, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Tuesday, March 30, 2027.
Notes
Quote is from 2923.55(f)(3); 2923.5(e)(3) is the same except that it omits the HUD-number clause. 'Two weeks' = 14 days. The 30-day NOD waiting period runs from satisfying ALL due diligence requirements (fc_nod_30_days_after_contact_*). Applies only to first-lien mortgages or deeds of trust secured by owner-occupied residential real property with no more than four dwelling units (Civ. Code 2924.15(a), as amended by Stats. 2024, ch. 601 (SB 1146)).
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)
- 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)
- Nonjudicial foreclosure (1-4 unit residential): trustor's listing agreement must be RECEIVED by trustee at least five business days before the scheduled sale to obtain a one-time 45-day postponement (5 business days before)
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.