Resources

RESOURCES

California Laws & Rules That Govern the Process

Foreclosure and eviction after foreclosure are governed by specific California statutes, court rules, notices, deadlines, and procedures.

Knowing which law applies can help you understand where you are, what happens next, and what options may still be available.
START WITH THE LAW

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.

⚖
Know the Rule Know the Procedure
CALIFORNIA LAW

Important Laws to Know

01
⌂
FORECLOSURE PROCEDURE

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.

Was the foreclosure procedure followed?
03
🏛
UNLAWFUL DETAINER

CCP §§ 1159–1179a

California’s statutory framework for forcible entry, forcible detainer, and unlawful-detainer proceedings.

What happens after the Notice to Quit expires?
04
⏱
RESPONDING TO THE CASE

CCP § 1167

Governs summons and the response period in an unlawful-detainer proceeding. Deadlines can be short, so service dates matter.

I was served with court papers. What happens now?
05
✓
SERVICE OF SUMMONS

CCP § 1167.4

Contains procedures concerning challenges to service of summons in an unlawful-detainer action.

Were the court papers properly served?
06
🔍
DISCOVERY

CCP §§ 1170.7–1170.8

Unlawful-detainer cases have expedited discovery procedures that can differ from ordinary civil litigation.

What evidence can be requested before trial?
07
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TRIAL & PRIORITY

CCP §§ 1170.5 & 1179a

These provisions are part of California’s expedited statutory framework for possession proceedings.

Fast does not mean immediate.
08
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TENANTS AFTER FORECLOSURE

CCP § 1161b

Provides protections that may apply to certain qualifying tenants occupying foreclosed residential property.

Is someone renting part of the property?
CALIFORNIA RULES OF COURT

Court Rules That May Control Procedure

The California Rules of Court contain additional procedures governing timing, emergency applications, motions, and discovery.

RULE 1.10

Computing Time

Helps explain how court deadlines are calculated under the California Rules of Court.

RULES 3.1200 ET SEQ.

Ex Parte Applications

Procedures governing requests for emergency or expedited court relief.

RULE 3.1327

Motion to Quash / Stay

Addresses motions to quash service or stay certain summary possession proceedings.

RULE 3.1347

Discovery Motions

Addresses discovery motions in unlawful-detainer and related possession proceedings.

RULES 3.2000–3.2005

Unlawful Detainers

California’s Rules of Court include provisions specifically addressing unlawful-detainer matters.

HOW THE LAWS FIT TOGETHER

Follow the Process

1
Foreclosure Civil Code § 2924 et seq.
→
2
Notice CCP § 1161a
→
3
Court Case CCP §§ 1159–1179a
→
4
Response CCP § 1167
→
5
Court Procedure Rules of Court
→
6
Enforcement Judgment / Writ / Sheriff
BEFORE YOU CONTACT US

Gather Your Documents

Having the documents you received can help identify where you are in the process.

✓ Notice of Default
✓ Notice of Trustee’s Sale
✓ Trustee’s Deed Upon Sale
✓ 3-Day Notice to Quit
✓ Summons & Complaint
✓ Court Notices
✓ Judgment
✓ Writ of Possession
✓ Sheriff’s Notice to Vacate
✓ Letters, Emails or Offers
DON’T KNOW WHICH RULE APPLIES TO YOU?

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.

Contact Us →
We are advocates, not attorneys. EvictionAfterForeclosure.org provides educational and informational resources. Information on this website is not legal advice.