Judicial foreclosure: application for deficiency judgment within 3 months of the foreclosure sale
3 months after date of the judicial foreclosure sale, under Cal. Code Civ. Proc. 726(b).
Rule text
In the event that a deficiency is not waived or prohibited and it is decreed that any defendant is personally liable for the debt, then upon application of the plaintiff filed at any time within three months of the date of the foreclosure sale and after a hearing thereon at which the court shall take evidence and at which hearing either party may present evidence as to the fair value of the real property or estate for years therein sold as of the date of sale, the court shall render a money judgment against the defendant or defendants for the amount by which the amount of the indebtedness with interest and costs of levy and sale and of action exceeds the fair value of the real property or estate for years therein sold as of the date of sale.
Calculate this deadline
- Trigger (Date of the judicial foreclosure sale): Friday, November 6, 2026.
- Add 3 months: Saturday, February 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, February 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Code Civ. Proc. 726(b)
In the event that a deficiency is not waived or prohibited and it is decreed that any defendant is personally liable for the debt, then upon application of the plaintiff filed at any time within three months of the date of the foreclosure sale and after a hearing thereon at which the court shall take evidence and at which hearing either party may present evidence as to the fair value of the real property or estate for years therein sold as of the date of sale, the court shall render a money judgment against the defendant or defendants for the amount by which the amount of the indebtedness with interest and costs of levy and sale and of action exceeds the fair value of the real property or estate for years therein sold as of the date of sale.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
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." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- Only where the decree found personal liability and no deficiency was waived or barred (e.g. CCP 580b). Nonjudicial (trustee's) sales: no deficiency (CCP 580d). Section amended by Stats. 1992, ch. 1095.
- 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 judicial foreclosure sale on Monday, March 15, 2027, personal service: due Tuesday, June 15, 2027.
- Trigger (Date of the judicial foreclosure sale): Monday, March 15, 2027.
- Add 3 months: Tuesday, June 15, 2027.
Notes
Only where the decree found personal liability and no deficiency was waived or barred (e.g. CCP 580b). Nonjudicial (trustee's) sales: no deficiency (CCP 580d). Section amended by Stats. 1992, ch. 1095.
Related deadlines
- Deficiency judgment hearing: notice served on appearing defendants at least 15 days before the hearing (15 days before)
- Deficiency judgment hearing: party's application for appointment of a probate referee to appraise, at least 10 days before the hearing (10 days before)
- Partition (Partition of Real Property Act): objection to court-ordered appraisal not later than 30 days after the court sends notice of the appraisal (30 days after)
- Partition: hearing to determine fair market value not sooner than 30 days after notice of the appraisal is sent (30 days after)
- Partition by sale requested: other cotenants' election to buy out the requesting cotenants, not later than 45 days after the court's buyout notice (45 days after)
- Partition buyout: court-set date for electing cotenants to pay their price into court, not sooner than 60 days after notice (60 days after)
- Partition buyout: a paying cotenant's election to buy the remaining interest (after another electing cotenant fails to pay), not later than 20 days after the court's notice (20 days after)
- Partition open-market sale: parties may agree on a licensed broker not later than 10 days after entry of the sale order (else court appoints) (10 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.