How should I officially respond to a "Notice of Default" from my mortgage lender to explore options to avoid foreclosure in California?
To officially respond to a Notice of Default, you must immediately contact your mortgage servicer to request, complete, and submit a loss mitigation application to explore alternatives to foreclosure. Acting quickly is critical, as you have specific rights and deadlines under California law.
Here are the steps you should take:
Step 1: Contact Your Mortgage Servicer Immediately
Call the phone number listed on the Notice of Default. When you speak to a representative, state that you have received the notice and want to apply for foreclosure prevention options. Under California Civil Code § 2923.7, you are entitled to a "single point of contact"—a person or team who will assist you through the process. Explicitly ask for this contact and for a "loss mitigation application" package to be sent to you.
Step 2: Gather Your Financial Documents
Your servicer will require proof of your income, expenses, and a written explanation of your financial hardship. Begin collecting documents like recent pay stubs, bank statements for the last two months, your most recent federal tax returns, and a list of your monthly household expenses.
Step 3: Complete and Submit the Application
Fill out the loss mitigation application completely and accurately. An incomplete application will be rejected and will not protect you. Write a clear "hardship letter" explaining the circumstances that caused you to fall behind on payments. Send the completed package to your servicer via a method with tracking, such as certified mail or a secure online portal, and keep a copy for your records.
Step 4: Confirm Receipt and Follow Up
Within five days of submitting your application, call your single point of contact to confirm they received it and to ask if it is considered "complete." California's prohibition on "dual tracking" (Civil Code § 2924.11) prevents the lender from scheduling a foreclosure sale while your complete application is under review. This protection only begins once the application is complete.
Important considerations:
The Notice of Default begins a 90-day period during which you can "cure" the default by paying all past-due amounts. While your application is being reviewed, this clock continues to run. You must respond to any requests for additional information from your lender within the deadlines they provide.
Warnings and limitations:
Be aware of foreclosure rescue scams that promise guaranteed results or ask for large upfront fees. You can get free, legitimate help from a HUD-approved housing counseling agency. You can find a local agency on the HUD website or by calling (800) 569-4287.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Real Estate
Housing, rental rights, and property laws
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