Non-Judicial Foreclosure Timeline

Timeline Header

Date Description
Due date: 1st of Month HOA does not receive monthly assessment
15 Days after due date According to CA Civil Code Section § 5650(b), assessments are considered late 15 days after being due.  A 10% or $10 fee (whichever is greater unless a lesser amount is stated in the declaration) is now due in addition to the monthly assessment.
30 Days after due date If assessment due Jan 1st is still not paid, HOA can charge interest on the assessment of 12% yearly (per CA Civil Code Section § 5650(b)(3).  Demand for payment letter sent by HOA
60 Days after due date If January and February assessments still remain unpaid, the case should be submitted to CHCS.  Per CA Civil Code Section § 5660 a letter is sent demanding payment within 30 days.  This letter also informs the homeowner that a non-judicial foreclosure will begin if payment is not received within 30 days followed by a lien on the property being recorded.  This Pre-Lien letter
90 Days after due date Per CA Civil Code Section § 5675, after the board meets and votes to record a lien in an open meeting, a lien is recorded with county clerk and the foreclosure process begins.
120 Days after due date Board is required to meet and vote to foreclose in executive session.
130 Days after due date Per Civil Code Section 5740, A Notice of Default is recorded with the county clerk.  Homeowner informed has 90 days to settle delinquent assessments along with any additional late charges, interest, collections fees before property sold.
220 Days after due date 90 Days after Notice of Default being recorded, a Notice of Trustee Sale is recorded leading to a public auction of the property after 28 days from recordation.
250 Days after due date Property is sold at public auction to the highest bidder and paid in cash. Should the property not sell at auction, the property reverts to the HOA.