Know the Process.
Know Your Rights. Know Your Options.
Foreclosure does not mean someone can simply remove you from your home immediately. California has procedures that govern foreclosure and what happens when a purchaser later seeks possession.
Learn the Process Step by Step
Select the topic that best matches where you are right now.
Foreclosure Sale
Learn what happens when a property is sold through California’s nonjudicial foreclosure process and why Civil Code § 2924 and related laws matter.
Learn More →3-Day Notice to Quit
Received a 3-Day Notice after foreclosure? Learn what the notice means and why three days does not mean the sheriff removes you in three days.
Learn More →Unlawful Detainer
Learn what happens when a purchaser files a court case seeking possession and why responding to court papers on time matters.
Learn More →Title & Foreclosure Procedure
Learn why the purchaser’s right to possession may depend on compliance with foreclosure requirements and post-foreclosure possession procedures.
Learn More →Judgment & Writ
Learn what happens if a purchaser obtains a judgment for possession and how a Writ of Possession leads to sheriff enforcement.
Learn More →Ways to Get More Time
Learn about factors that may affect timing, including court proceedings, procedural issues, negotiated agreements, stays when available, and protections that may apply.
Explore Your Options →Know What Comes Next
A Notice Doesn’t Mean
You’re Out of Options.
The earlier you understand where you are in the process, the better positioned you are to understand what comes next.
We Can Help You Understand Your Options.
Contact us and tell us what notice or court papers you received.
Know the Path. Know What Comes Next.
An eviction after foreclosure can involve notices, service, pleadings, discovery, motions, trial, judgment, a writ of possession, and sheriff enforcement. The path can change depending on what happens at each stage.
Foreclosure Sale & Demand for Possession
Foreclosure Sale
The property is sold through a nonjudicial foreclosure process.
Civil Code § 2924 et seq.3-Day Notice to Quit
The purchaser may demand possession after foreclosure.
CCP § 1161aNotice Expires
Did the occupant leave?
Summons & Unlawful Detainer Complaint
Complaint Filed
The purchaser files an unlawful-detainer action seeking possession.
Summons & Complaint Served
The defendant must determine how and when the court papers were served.
CCP § 1167Was Service Proper?
Service affects jurisdiction and response deadlines.
Review Service Before Moving Forward
Review Service
If service appears defective, a procedural challenge may be available.
Motion to Quash
A motion challenging service may be available depending on the facts.
CCP § 1167.4 + CRC 3.1327Response Deadline
The defendant must determine the response deadline based on the service method.
Will You Respond?
Failure to respond can allow the purchaser to seek default.
Respond or Risk Default
Answer
A defendant may file an Answer and assert applicable defenses.
Other Pleadings or Motions
Depending on the case, other permitted procedural responses may be available.
Case Continues
The matter can proceed into discovery, motions, settlement discussions, and trial.
Default Requested
The purchaser may ask the clerk or court to enter default.
Default Judgment
If entered, the purchaser may seek a judgment for possession.
Possible Relief From Default
Depending on the circumstances and timing, a motion for relief may be available.
What Must the Purchaser Establish?
Sale Under Power of Sale
Was the property sold under the power contained in a deed of trust or mortgage?
Foreclosure Procedure
Was the sale conducted in accordance with applicable foreclosure requirements?
Title After Sale
Has the purchaser established the title requirement applicable to the claim?
Right to Possession
Has the purchaser established the statutory basis for possession?
Discovery
Once the case is at issue, parties may use permitted discovery tools to request information and evidence. Unlawful-detainer discovery moves quickly.
Interrogatories
Written questions seeking information from the opposing party.
Requests for Admission
Requests asking the opposing party to admit or deny specific matters.
Document Requests
Requests for documents relevant to the claims and defenses.
Depositions
Testimony taken under oath where permitted and appropriate.
California Rule of Court 3.1347
Motions & Court Decisions
Procedural Motions
Motions may address service, pleading issues, discovery, or other procedural matters.
Summary Judgment
A party may seek judgment without trial when statutory requirements are met.
Settlement
The parties may negotiate possession dates, relocation terms, or other agreements.
Trial Preparation
Exhibits, witnesses, evidence, and legal issues are prepared for trial.
No Possession Under That Judgment
The purchaser does not obtain possession through that judgment.
Judgment for Possession
The purchaser may proceed to obtain a writ of possession.
Judgment Does Not Equal Immediate Lockout
Judgment for Possession
The court enters judgment in favor of the purchaser.
Writ of Possession
A writ authorizes enforcement of the possession judgment.
Sheriff’s Notice to Vacate
The sheriff handles court-ordered physical removal.
Post-Judgment Options
Stay of Enforcement
In some circumstances, a court may grant temporary relief from enforcement.
Motion for Relief
Certain procedural or statutory grounds may support post-judgment relief.
Appeal
Appellate review may be available, subject to strict procedures and deadlines.
Negotiated Move-Out
Parties may sometimes negotiate additional time or relocation terms.
Find Your Stage Before You Make Your Next Move.
Tell us what notice or court papers you received and when you received them.