Nonjudicial foreclosure (owner-occupied 1-4 unit, first lien): written notice to borrower of new sale date within 5 business days after a postponement of at least 10 business days
5 business days after date of the postponement (postponement of at least 10 business days), under Cal. Civ. Code 2924(a)(5); 2924.15(a).
Rule text
(5) Whenever a sale is postponed for a period of at least 10 business days pursuant to Section 2924g, a mortgagee, beneficiary, or authorized agent shall provide written notice to a borrower regarding the new sale date and time, within 5 business days following the postponement. Information provided pursuant to this paragraph shall not constitute the public declaration required by subdivision (d) of Section 2924g. Failure to comply with this paragraph shall not invalidate any sale that would otherwise be valid under Section 2924f.
Calculate this deadline
- Trigger (Date of the postponement (postponement of at least 10 business days)): Friday, November 6, 2026.
- Count 5 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Friday, November 13, 2026.
Cal. Civ. Code 2924(a)(5); 2924.15(a)
(5) Whenever a sale is postponed for a period of at least 10 business days pursuant to Section 2924g, a mortgagee, beneficiary, or authorized agent shall provide written notice to a borrower regarding the new sale date and time, within 5 business days following the postponement. Information provided pursuant to this paragraph shall not constitute the public declaration required by subdivision (d) of Section 2924g. Failure to comply with this paragraph shall not invalidate any sale that would otherwise be valid under Section 2924f.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 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)). '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 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 of the postponement (postponement of at least 10 business days) on Monday, March 15, 2027, personal service: due Saturday, March 20, 2027.
- Trigger (Date of the postponement (postponement of at least 10 business days)): Monday, March 15, 2027.
- Count 5 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Saturday, March 20, 2027.
Notes
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)). '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 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 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.