California Laws & Rules That Govern the Process
Foreclosure and eviction after foreclosure are governed by specific California statutes, court rules, notices, deadlines, and procedures.
The Process Is Governed Step by Step.
California foreclosure law, unlawful-detainer statutes, and the California Rules of Court work together to govern what happens before and after a foreclosure sale.
Important Laws to Know
California Civil Code § 2924 et seq.
Governs California’s nonjudicial foreclosure process, including procedures involving default, trustee’s sale, and sale under a power of sale.
CCP § 1161a(b)(3)
Governs certain post-foreclosure unlawful-detainer actions where a purchaser seeks possession after a sale under a power of sale.
CCP §§ 1159–1179a
California’s statutory framework for forcible entry, forcible detainer, and unlawful-detainer proceedings.
CCP § 1167
Governs summons and the response period in an unlawful-detainer proceeding. Deadlines can be short, so service dates matter.
CCP § 1167.4
Contains procedures concerning challenges to service of summons in an unlawful-detainer action.
CCP §§ 1170.7–1170.8
Unlawful-detainer cases have expedited discovery procedures that can differ from ordinary civil litigation.
CCP §§ 1170.5 & 1179a
These provisions are part of California’s expedited statutory framework for possession proceedings.
CCP § 1161b
Provides protections that may apply to certain qualifying tenants occupying foreclosed residential property.
Court Rules That May Control Procedure
The California Rules of Court contain additional procedures governing timing, emergency applications, motions, and discovery.
Computing Time
Helps explain how court deadlines are calculated under the California Rules of Court.
Ex Parte Applications
Procedures governing requests for emergency or expedited court relief.
Motion to Quash / Stay
Addresses motions to quash service or stay certain summary possession proceedings.
Discovery Motions
Addresses discovery motions in unlawful-detainer and related possession proceedings.
Unlawful Detainers
California’s Rules of Court include provisions specifically addressing unlawful-detainer matters.
Follow the Process
Gather Your Documents
Having the documents you received can help identify where you are in the process.
Contact Us and Find Out Where You Are in the Process.
Tell us what documents you received and when you received them. We can help you understand the process and what may come next.