Nonjudicial foreclosure: notice of sale may be given only after three months have elapsed from recording of the notice of default
3 months after date the notice of default was recorded, under Cal. Civ. Code 2924(a)(2), (a)(3), (a)(4).
Rule text
(2) Not less than three months shall elapse from the filing of the notice of default. (3) Except as provided in paragraph (4), after the lapse of the three months described in paragraph (2), the mortgagee, trustee, or other person authorized to take the sale shall give notice of sale, stating the time and place thereof, in the manner and for a time not less than that set forth in Section 2924f. (4) Notwithstanding paragraph (3), the mortgagee, trustee, or other person authorized to take sale may record a notice of sale pursuant to Section 2924f up to 5 days before the lapse of the three-month period described in paragraph (2), provided that the date of sale is no earlier than three months and 20 days after the recording of the notice of default.
Calculate this deadline
Deadline
Monday, February 8, 2027
- Trigger (Date the notice of default was recorded): Friday, November 6, 2026.
- Add 3 months: Saturday, February 6, 2027.
- That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, February 6, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Monday, February 8, 2027.
Rules applied
Cal. Civ. Code 2924(a)(2), (a)(3), (a)(4)
(2) Not less than three months shall elapse from the filing of the notice of default. (3) Except as provided in paragraph (4), after the lapse of the three months described in paragraph (2), the mortgagee, trustee, or other person authorized to take the sale shall give notice of sale, stating the time and place thereof, in the manner and for a time not less than that set forth in Section 2924f. (4) Notwithstanding paragraph (3), the mortgagee, trustee, or other person authorized to take sale may record a notice of sale pursuant to Section 2924f up to 5 days before the lapse of the three-month period described in paragraph (2), provided that the date of sale is no earlier than three months and 20 days after the recording of the notice of default.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
- Under (a)(4) the notice of sale may be RECORDED up to 5 days before the three-month date, but only if the sale date is no earlier than three months and 20 days after NOD recording. Practical earliest sale date in every case: three months after NOD recording plus at least 20 days (compute this rule, then add 20 days; see fc_notice_of_sale_20_days_before_sale). Whether the 3-month mark rolls forward when it lands on a weekend/holiday is not addressed; 'not less than three months shall elapse' is treated as a waiting period (no roll needed because the act may occur on any later day). Civ. Code 2924 as amended by Stats. 2024, ch. 142 (AB 295).
- 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 notice of default was recorded on Monday, March 15, 2027, personal service: due Wednesday, June 16, 2027.
- Trigger (Date the notice of default was recorded): Monday, March 15, 2027.
- Add 3 months: Tuesday, June 15, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Wednesday, June 16, 2027.
Notes
Under (a)(4) the notice of sale may be RECORDED up to 5 days before the three-month date, but only if the sale date is no earlier than three months and 20 days after NOD recording. Practical earliest sale date in every case: three months after NOD recording plus at least 20 days (compute this rule, then add 20 days; see fc_notice_of_sale_20_days_before_sale). Whether the 3-month mark rolls forward when it lands on a weekend/holiday is not addressed; 'not less than three months shall elapse' is treated as a waiting period (no roll needed because the act may occur on any later day). Civ. Code 2924 as amended by Stats. 2024, ch. 142 (AB 295).
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 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.