What are the specific legal notices a lender must provide me before they can officially start the foreclosure process in California?

In California, your lender must provide specific notices before they can officially record a Notice of Default, which formally begins the foreclosure process. These notices are designed to give you an opportunity to resolve the missed payments. Here are the key notices and steps the lender must take: Step 1: Pre-Foreclosure Contact Your lender must make diligent efforts to contact you by phone or in person to assess your financial situation and explore your options to avoid foreclosure. This is required at least 30 days before they can file the first official foreclosure document. They cannot start the process until this contact requirement is met. Step 2: Written "Right to Request" Notice At least 30 days before filing a Notice of Default, the lender must also send you a written letter. This notice will state that you can request a meeting to discuss your options and must provide a toll-free number for a HUD-approved housing counseling agency you can contact for free assistance. Step 3: The Notice of Default (NOD) If the default is not resolved after the 30-day pre-foreclosure period, the lender can officially start the foreclosure. They do this by recording a Notice of Default with your county's Recorder's Office. The lender must mail you a copy of the recorded NOD by certified mail within 10 business days of it being filed. This notice starts a 90-day reinstatement period where you can stop the foreclosure by paying the past-due amount. Step 4: The Notice of Trustee's Sale (NOTS) If you do not reinstate the loan within the 90-day period, the lender can then record and send you a Notice of Trustee's Sale. This notice sets the date, time, and place for the public auction of your home. The sale date cannot be any earlier than 20 days after the NOTS is issued. Important considerations: These rules apply to nonjudicial foreclosures, which are most common in California for residential properties. Do not ignore any mail from your lender. The timelines are strict, and failing to act quickly can result in losing your rights and your home. Warnings and limitations: The specific requirements can vary slightly depending on your loan documents and when your loan was originated. The COVID-19 Tenant Relief Act and subsequent laws created temporary protections that may still have some effect in certain situations. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney or a HUD-approved housing counselor immediately to understand your specific rights and options.