Foreclosure in Sacramento>Question Details

Connie, Other/Just Looking in Sacramento, CA

From the filing of a Notice Trustee Sale is there a time limit for the sale to take place?

Asked by Connie, Sacramento, CA Sun Feb 20, 2011

NTC of Default filed 12/28/09; Notice of Trustee Sale 03/30/2010; Notice of Sale 3/10/2011

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Hello Connie. I am not sure if I understand your question correctly. Since the timelines to which you refer are from last year, I am going to conclude that you are asking if there is a time limit within which the trustee sale has to occur from the time of the original notice of trustee sale. The answer is yes. A trustee sale can be postponed multiple times, but if the total # of days the trustee sale has been postponed exceeds 365, the scheduling of any further sale proceedings must be preceded by giving a new notice. You may want to read California Civil Code Section 2924g(c)

I hope this helps.

Ute Ferdig
Ferdig Real Estate Solutions
1 vote Thank Flag Link Sun Feb 20, 2011
Ute Ferdig -…, Real Estate Pro in New Castle, DE
I'm not sure if the sale has already taken place, as the dates you give are from last year, but the way you have the dates laid out are a typical structure for Notice of Default through Trustee's sale. Generally a Notice of Default is filed and the sale is scheduled for 90 days later. A letter is sent 21 days prior to sale. If the lender has no reason to postpone (bankruptcy, short sale offer, etc.) they will go ahead with the sale. Occasionally they postpone without reason, but generally not.

I hope this helps.
0 votes Thank Flag Link Mon Feb 21, 2011
The statute states that the trustee has 21 days from the date of the notice of trustee sale filing date to hold the auction or trustee sale on the property. The amount of days over and above the 21 day requirement are at the trustee's discretion.

Hope that helped. Good luck!

Diane Wheatley, Broker
0 votes Thank Flag Link Sun Feb 20, 2011
Once a trustee is hired they work the black and white procedure. A notice of Default is filed, at 90 days the Notice of Trustee is filed and it states that in 21 days the sale of the property will be held at a specific time at a specific time. The foreclosure process continues,but if you are working with your lender, they can postpone the last actual sale date. Lenders really don't want your home back if there's another option.

The answer lies with your lender. If you want to understand your options, such as offering your home as a deed in lieu or short sale, or even trying for a loan modification (despite you being very late to the game for this negotiation), I offer a free one hour consultation in which we go over what questions the lender will ask you, how they interpret your answers, and what options are available so that you can prepare. At the end of our conversation we will call your lender and have a direction that you can choose that works best for you.

An attorney can help to determine exposure and may be one of the next steps to take. They cannot stop the sale if you are not paying your mortgage, but completing a bankruptcy may delay it briefly. Still, there are pros and cons to that option as well. Get informed, it will provide some peace of mind to understand how it all works. Go to and, or call me for a free consultation.
Web Reference:
0 votes Thank Flag Link Sun Feb 20, 2011
Best to confer with an attorney who can read all the documents tendered to you

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Sun Feb 20, 2011
In California, a minimum of 21 days.
Web Reference:
0 votes Thank Flag Link Sun Feb 20, 2011
Once a Notice of Trustee Sale has been placed, there is a date of Trustee sale on the Notice. Typically the time frame is only a couple of weeks from the time the Notice is placed.

If you would like assistance in possibly postponing the sale let me know and I will sit down and discuss with you your options from short sale to deed in lieu or refer you to a real estate attorney or tax adviser who can properly advise you in the area of bankruptcy or other areas of legal concern you may have.

Sounds like you must act quickly.

Feel free to contact me (916) 370-1803

Keisha Mathews
0 votes Thank Flag Link Sun Feb 20, 2011
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