Nonjudicial foreclosure: postponed sale (court action/injunction/stay) may not be conducted sooner than the 7th day after dismissal of the action (alternative 1 of 2, whichever is earlier)
7 days after date the action that required postponement was dismissed, under Cal. Civ. Code 2924g(d)(1).
Rule text
However, the sale shall be conducted no sooner than on the seventh day after the earlier of (1) dismissal of the action or (2) expiration or termination of the injunction, restraining order, or stay that required postponement of the sale, whether by entry of an order by a court of competent jurisdiction, operation of law, or otherwise, unless the injunction, restraining order, or subsequent order expressly directs the conduct of the sale within that seven-day period. For purposes of this subdivision, the seven-day period shall not include the day on which the action is dismissed, or the day on which the injunction, restraining order, or stay expires or is terminated.
Calculate this deadline
Deadline
Friday, November 13, 2026
- Trigger (Date the action that required postponement was dismissed): Friday, November 6, 2026.
- Exclude the trigger day and count 7 calendar days: Friday, November 13, 2026.
Rules applied
Cal. Civ. Code 2924g(d)(1)
However, the sale shall be conducted no sooner than on the seventh day after the earlier of (1) dismissal of the action or (2) expiration or termination of the injunction, restraining order, or stay that required postponement of the sale, whether by entry of an order by a court of competent jurisdiction, operation of law, or otherwise, unless the injunction, restraining order, or subsequent order expressly directs the conduct of the sale within that seven-day period. For purposes of this subdivision, the seven-day period shall not include the day on which the action is dismissed, or the day on which the injunction, restraining order, or stay expires or is terminated.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 sale date. 'The earlier of' dismissal or expiration/termination of the injunction or stay: compute both (see fc_sale_7th_day_after_injunction_or_stay_ends) and use the earlier trigger. Not applicable to bankruptcy stays (2924g(e): sale no sooner than expiration of the Title 11 stay; seven-day rule does not apply). Civ. Code 2924g version amended by Stats. 2024, ch. 601, sec. 6 (SB 1146), eff. Jan. 1, 2025, in effect until Jan. 1, 2031 (later-operative version, sec. 7, keeps the same 365-day and seven-day provisions).
- 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 action that required postponement was dismissed on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date the action that required postponement was dismissed): Monday, March 15, 2027.
- Exclude the trigger day and count 7 calendar days: Monday, March 22, 2027.
Notes
Earliest sale date. 'The earlier of' dismissal or expiration/termination of the injunction or stay: compute both (see fc_sale_7th_day_after_injunction_or_stay_ends) and use the earlier trigger. Not applicable to bankruptcy stays (2924g(e): sale no sooner than expiration of the Title 11 stay; seven-day rule does not apply). Civ. Code 2924g version amended by Stats. 2024, ch. 601, sec. 6 (SB 1146), eff. Jan. 1, 2025, in effect until Jan. 1, 2031 (later-operative version, sec. 7, keeps the same 365-day and seven-day provisions).
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.