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 date of initial contact with the borrower (in person or by telephone), or date the due diligence requirements of 2923.5(e) were satisfied, under Cal. Civ. Code 2923.5(a)(1), (f), (g).
Rule text
(a) (1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of default pursuant to Section 2924 until both of the following: (A) Either 30 days after initial contact is made as required by paragraph (2) or 30 days after satisfying the due diligence requirements as described in subdivision (e). ... (f) This section shall apply only to mortgages or deeds of trust described in Section 2924.15. (g) This section shall apply only to entities described in subdivision (b) of Section 2924.18.
Calculate this deadline
- Trigger (Date of initial contact with the borrower (in person or by telephone), or date the due diligence requirements of 2923.5(e) were satisfied): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (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)).
Cal. Civ. Code 2923.5(a)(1), (f), (g)
(a) (1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of default pursuant to Section 2924 until both of the following: (A) Either 30 days after initial contact is made as required by paragraph (2) or 30 days after satisfying the due diligence requirements as described in subdivision (e). ... (f) This section shall apply only to mortgages or deeds of trust described in Section 2924.15. (g) This section shall apply only to entities described in subdivision (b) of Section 2924.18.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
- Earliest permissible NOD recording date (the NOD may be recorded on day 30 or later; 'until ... 30 days after' read as allowing recording on the 30th day after, CCP 12 counting assumed; record later to be safe). 2923.5 applies only to small servicers described in Civ. Code 2924.18(b) (in general, 175 or fewer foreclosures in the prior reporting year); all other servicers are governed by 2923.55 (fc_nod_30_days_after_contact_2923_55). Also requires compliance with 2924.18(a)(1) if a complete loss-mitigation application is pending. 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)). As amended by Stats. 2024, ch. 311 (AB 2424), eff. Jan. 1, 2025.
- 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 initial contact with the borrower (in person or by telephone), or date the due diligence requirements of 2923.5(e) were satisfied on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date of initial contact with the borrower (in person or by telephone), or date the due diligence requirements of 2923.5(e) were satisfied): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Earliest permissible NOD recording date (the NOD may be recorded on day 30 or later; 'until ... 30 days after' read as allowing recording on the 30th day after, CCP 12 counting assumed; record later to be safe). 2923.5 applies only to small servicers described in Civ. Code 2924.18(b) (in general, 175 or fewer foreclosures in the prior reporting year); all other servicers are governed by 2923.55 (fc_nod_30_days_after_contact_2923_55). Also requires compliance with 2924.18(a)(1) if a complete loss-mitigation application is pending. 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)). As amended by Stats. 2024, ch. 311 (AB 2424), eff. Jan. 1, 2025.
Related deadlines
- 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)
- 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.