California's non-judicial foreclosure process requires strict statutory compliance. A defective Notice of Trustee's Sale can be grounds to postpone or set aside the sale entirely.
Under CC § 2924f, a Notice of Trustee's Sale must contain ALL of the following:
California law imposes strict timing requirements for the Notice of Sale:
Notice must be given at least 20 days before the sale date. This means posted, mailed, AND published 20 days prior.
Must be published once a week for 3 consecutive weeks in a newspaper of general circulation. First publication must be 20+ days before sale.
Notice must be recorded with the county recorder at least 20 days before the sale.
Notice must be posted in a conspicuous place on the property at least 20 days before sale.
Timing defects are common. Request certified copies of all filings with date stamps. The recording date, posting date, mailing date, and publication dates must ALL be at least 20 days before sale.
I've seen foreclosures challenged successfully based on these defects:
Notice names wrong party as beneficiary, or beneficiary assignment wasn't recorded before NOD.
Typos, wrong unit numbers, or incomplete legal descriptions can invalidate notice.
Trustee contact info must include phone number during business hours.
Sale held at different location than stated in notice.
Published in wrong newspaper, wrong dates, or fewer than 3 times.
Required language about contacting HUD-approved counselor not included.
Not sent to correct address, or sent regular mail instead of certified.
Stated amounts don't match actual loan records or include improper fees.
Notice defects alone may not stop a sale without court intervention. Your options:
It depends. Courts distinguish between:
You generally need to show the defect caused you harm (e.g., you couldn't reinstate because you didn't get proper notice of your rights).
Yes, but it's harder. After sale, you must:
Complete failure to mail the notice is a strong defect. Request the trustee's mailing affidavit. If they can't produce proof of mailing (certified mail receipts, process server affidavit), you have grounds to challenge. A "presumption of mailing" can be rebutted with evidence you never received anything.
Yes. Under CC § 2924, the Notice of Default must:
NOD defects can also be grounds to challenge, especially if they affected your ability to cure.
I review foreclosure documents for defects and file TROs when violations are found. Time is critical—the closer the sale, the more urgent the need for court intervention.