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 scheduled date of the trustee's sale, under Cal. Civ. Code 2924f(e)(1).
Rule text
(e) (1) With respect to residential real property containing no more than four dwelling units that is subject to a power of sale contained in any deed of trust or mortgage, a sale of the property under the power of sale shall not be conducted until the expiration of an additional 45 days following the scheduled date of sale pursuant to subdivision (a) or (c) of Section 2924g if the trustee receives, at least five business days before the scheduled date of sale, from the mortgagor or trustor, by certified mail with the United States Postal Service or by another overnight mail courier service with tracking information that confirms the recipient's signature and the date and time of receipt and delivery, a listing agreement with a California licensed real estate broker to be placed in a publicly available marketing platform for the sale of the property at least five business days before the scheduled date of sale. The provisions of this paragraph shall not be used to postpone the scheduled sale date more than once.
Calculate this deadline
- Trigger (Scheduled date of the trustee's sale): Friday, November 6, 2026.
- Count back 5 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Saturday, October 31, 2026.
Cal. Civ. Code 2924f(e)(1)
(e) (1) With respect to residential real property containing no more than four dwelling units that is subject to a power of sale contained in any deed of trust or mortgage, a sale of the property under the power of sale shall not be conducted until the expiration of an additional 45 days following the scheduled date of sale pursuant to subdivision (a) or (c) of Section 2924g if the trustee receives, at least five business days before the scheduled date of sale, from the mortgagor or trustor, by certified mail with the United States Postal Service or by another overnight mail courier service with tracking information that confirms the recipient's signature and the date and time of receipt and delivery, a listing agreement with a California licensed real estate broker to be placed in a publicly available marketing platform for the sale of the property at least five business days before the scheduled date of sale. The provisions of this paragraph shall not be used to postpone the scheduled sale date more than once.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
- Receipt deadline (certified mail or tracked overnight courier with signature). One-time only. Reinstatement period is recalculated from the new sale date ((e)(2)). 'Business day' is modeled as a court day (excludes Saturdays, Sundays and California judicial holidays). Caution: Civ. Code 9 defines business days as all days other than the Civ. Code 7 holidays ('every Sunday and such other days as are specified or provided for as holidays in the Government Code'), so under Civ. Code 9 a Saturday may be a business day, and Gov. Code 6700(a) holidays that are not judicial holidays are NOT business days: Lunar New Year, Genocide Remembrance Day (April 24), Diwali, Admission Day (Sept. 9), Columbus Day (second Monday in October), and Good Friday noon-3 p.m. (Gov. Code 6700 as amended by Stats. 2026, ch. 7 (AB 2156), eff. March 26, 2026). For a count BACKWARD from a sale date, the conservative date is the earlier of the two methods; verify manually when a Gov. Code-only holiday falls in the window. Civ. Code 2924f version amended by Stats. 2025, ch. 200, sec. 7 (AB 1521), eff. Jan. 1, 2026, in effect until Jan. 1, 2031 (a different version, Stats. 2025, ch. 200, sec. 8, becomes operative Jan. 1, 2031; re-verify after that date).
- 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
Scheduled date of the trustee's sale on Monday, March 15, 2027, personal service: due Tuesday, March 9, 2027.
- Trigger (Scheduled date of the trustee's sale): Monday, March 15, 2027.
- Count back 5 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Tuesday, March 9, 2027.
Notes
Receipt deadline (certified mail or tracked overnight courier with signature). One-time only. Reinstatement period is recalculated from the new sale date ((e)(2)). 'Business day' is modeled as a court day (excludes Saturdays, Sundays and California judicial holidays). Caution: Civ. Code 9 defines business days as all days other than the Civ. Code 7 holidays ('every Sunday and such other days as are specified or provided for as holidays in the Government Code'), so under Civ. Code 9 a Saturday may be a business day, and Gov. Code 6700(a) holidays that are not judicial holidays are NOT business days: Lunar New Year, Genocide Remembrance Day (April 24), Diwali, Admission Day (Sept. 9), Columbus Day (second Monday in October), and Good Friday noon-3 p.m. (Gov. Code 6700 as amended by Stats. 2026, ch. 7 (AB 2156), eff. March 26, 2026). For a count BACKWARD from a sale date, the conservative date is the earlier of the two methods; verify manually when a Gov. Code-only holiday falls in the window. Civ. Code 2924f version amended by Stats. 2025, ch. 200, sec. 7 (AB 1521), eff. Jan. 1, 2026, in effect until Jan. 1, 2031 (a different version, Stats. 2025, ch. 200, sec. 8, becomes operative Jan. 1, 2031; re-verify after that date).
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.