Notice of default
A recorded notice that a borrower is behind on a mortgage or deed of trust, which formally starts a non-judicial foreclosure.
Definition
A notice of default (NOD) is a document recorded in the county records that formally starts a non-judicial foreclosure. It states that the borrower has fallen behind on a mortgage or deed of trust, identifies the loan and the property, and explains what is needed to cure the default.
In California, the notice of default must be recorded with the county recorder, and at least three months must pass before the trustee can give notice of sale, under Civil Code section 2924. The borrower can usually reinstate the loan by paying the past-due amount up to a few days before the sale. Federal rules generally keep a servicer from starting any foreclosure until the borrower is more than 120 days behind, so an NOD usually means the owner has missed four or more payments. Judicial foreclosure states start with a lawsuit and a lis pendens instead. Rules vary by state; confirm with a local real estate attorney.
Source: leginfo.legislature.ca.gov
Read the guide
Foreclosure · 8 min read
Notice of Default: What It Means and What Happens Next
What a notice of default is, how to read one, the California timeline to a trustee sale, how to find recorded NODs, and how to reach the owner the right way.
Foreclosure · 12 min read
Pre-Foreclosure: What It Is and How to Reach Owners Before the Auction
What pre-foreclosure means, how the timeline runs in judicial and non-judicial states, where the records are, and how to reach owners the right way.
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