Donny Piwowarski | November 2, 2026
Tracy, CA
You still have options. Here's how to use the time you have left.
Receiving a Notice of Default in the mail is one of the most stressful moments a homeowner can face. It's a legal document. It has your name and address on it. It says foreclosure.
But here's what it doesn't say: that you're out of options.
A Notice of Default is the beginning of the foreclosure process in California — not the end. You still have time, and the decisions you make in the next 30 days matter more than any that came before.
In California, a Notice of Default (NOD) is recorded by your lender's trustee when you fall three or more months behind on your mortgage. It's a formal filing with the county — public record — that starts a 90-day clock.
During that 90-day period:
What you cannot do is ignore it. Every week that passes without a plan is a week of options closing.
Understanding the timeline helps you know exactly how much runway you have.
Day 0: Notice of Default is recorded. The clock starts.
Days 1–90: Reinstatement period. You can bring the loan current and stop the process entirely. Your servicer must tell you the reinstatement amount if you ask.
After 90 days: If the loan has not been reinstated, your lender can record a Notice of Trustee's Sale — setting an actual auction date.
Notice of Trustee's Sale to auction: At least 20 days from the time the notice is published and posted.
Total minimum timeline from NOD to auction: Roughly 4 months, though in practice it often takes longer.
That's your window. Use it.
The first month after receiving a Notice of Default is when the most important decisions happen. Here's how to approach it.
Read the Notice of Default carefully. Note the amount needed to reinstate the loan and any dates or deadlines listed on the document. Then gather:
You'll need these no matter which direction you go. Having them ready prevents delays.
Write a simple budget: what comes in each month, what goes out, and what you could realistically afford in a mortgage payment going forward. That number will help you and your advisors figure out which options are realistic.
Call your servicer. Ask what loss mitigation options are available — forbearance, a repayment plan, or a loan modification. Take notes every time you call: the date, the person's name, what they said. These records matter.
Contact a HUD-approved housing counselor. Their help is free, completely confidential, and independent — they work for you, not the bank. Find one at the Consumer Financial Protection Bureau's website.
Get a free market valuation of your home. Knowing what your home is worth today — compared to what you owe — is the single most important piece of information in figuring out your next step. Call us for a free, no-obligation estimate.
By week three, you should have a clear picture of where you stand. Here's how to read it:
If you can afford the home going forward: A loan modification may be your best path. Under California's Homeowner Bill of Rights, your servicer generally can't move forward with a foreclosure sale while a complete modification application is under active review — so submit everything they ask for, completely and quickly.
If you have equity: A traditional sale is often the cleanest option. Price it right, list it immediately, and close before the auction date. You pay off the loan, cover costs and keep whatever is left.
If you owe more than the home is worth: A short sale lets you sell for less than what you owe, with your lender's approval, and generally end your liability for that loan under California law. It takes more time and coordination than a traditional sale, which is why it's important to start as early in this process as possible.
Sign what needs to be signed. Submit what needs to be submitted. Set calendar reminders for every deadline.
Keep opening your mail. Every letter from your servicer, lender or trustee contains information that affects your options.
Homeowners who receive a Notice of Default are often targeted by foreclosure scam artists. Know the signs:
Legitimate help is available for free. We do not charge anything for a conversation, and HUD-approved counselors don't either.
A short sale requires your lender to approve a price below what you owe. That approval process takes time — often 30 to 90 days, sometimes longer. If you wait until a Notice of Trustee's Sale is recorded and an auction date is set, you have much less room to maneuver.
The homeowners who successfully complete a short sale almost always started early. If you receive a Notice of Default and already know that keeping the home isn't realistic, the time to call us is now — not after the 90 days run out.
If you haven't read Day 3 of this series — where we compare a short sale against a loan modification, deed in lieu and foreclosure — that's a good place to start. And if an auction date has already been set, go straight to Day 5, which covers California's 45-day postponement law and what you can do with that time.
If you've received a Notice of Default, the sooner we talk, the more options you have. Call or text the Hero Real Estate team at (844) 437-4969 or email [email protected]. Your consultation is free and confidential.
Donny Piwowarski, Broker — Hero Real Estate | DRE #01444374
This article is for general informational purposes only and is not legal, tax or financial advice. Please consult a qualified attorney, CPA or HUD-approved housing counselor about your specific situation and deadlines.
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