{"id":"what-is-the-difference-between-judicial-and-nonjudicial-foreclosure","url":"https://realestateworks.com/journal/what-is-the-difference-between-judicial-and-nonjudicial-foreclosure","json":"https://realestateworks.com/api/catalog/what-is-the-difference-between-judicial-and-nonjudicial-foreclosure","title":"What is the difference between judicial and nonjudicial foreclosure in California?","excerpt":"In California, a judicial foreclosure goes through court and a nonjudicial foreclosure does not. California Courts Self-Help explains that if the mortgage or deed of trust has a power of sale clause, a lender can use nonjudicial foreclosure, which is the most common type in California.","category":"advisory","publishedAt":"2026-10-22","updatedAt":"2026-10-23T00:57:49.631Z","author":"Sidney Manzo","license":"CA DRE #01108914","cities":[],"topics":["judicial foreclosure","nonjudicial foreclosure","power of sale","notice of default","California foreclosure"],"audience":"seller","intent":"inform","sourceQuestion":"What is the difference between judicial and nonjudicial foreclosure in California","sourceUrls":["https://selfhelp.courts.ca.gov/foreclosures","https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=2924","https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=725a","https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=726","https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=580b","https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=580d","https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=729.010","https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=729.030","https://www.hud.gov/helping-americans/avoiding-foreclosure","https://www.consumerfinance.gov/find-a-housing-counselor/","https://www.consumerfinance.gov/ask-cfpb/what-is-a-short-sale-en-290/"],"seo":{"title":"Judicial vs. Nonjudicial Foreclosure in California","description":"How judicial and nonjudicial foreclosure differ in California, including court process, power of sale, timing, costs, and post-sale rights from official sources.","image":"/api/media/journal/1792635345082-ym9qkv.webp","imageAlt":"Tablet with flowchart, gavel, document, pen, and house-shaped keychain rest on a wooden desk."},"faqs":[{"q":"Which type of foreclosure is more common in California?","a":"California Courts Self-Help states that nonjudicial foreclosure is the most common type in California. If the mortgage or deed of trust has a power of sale clause, a lender can foreclose without going to court. A judicial foreclosure goes through court and usually takes longer; it also costs more because of court costs and legal fees, according to the same source. Which process applies may depend on the loan documents and how the lender proceeds, so read any recorded notices and talk to a California real estate attorney."},{"q":"Can a lender collect remaining debt after foreclosure in California?","a":"After a nonjudicial sale under a power of sale, Code of Civil Procedure section 580d says no deficiency judgment may be rendered on the note secured by that mortgage or deed of trust; California Courts Self-Help notes a few exceptions. In a judicial foreclosure, Code of Civil Procedure section 726 lets the lender apply to the court within three months of the sale for a deficiency judgment, unless the lender waives it or section 580b prohibits it. Talk to a California real estate attorney about your own loan."},{"q":"Is there a right to buy the home back after a California foreclosure sale?","a":"California Courts Self-Help states that there is no right to buy the home back after a nonjudicial sale. After a judicial foreclosure in which the decree finds a deficiency judgment may be ordered, Code of Civil Procedure sections 729.010 and 729.030 give a right of redemption that lasts three months after the sale if the proceeds cover the secured debt with interest and costs, and one year if they do not. Talk to a California real estate attorney about your own case."},{"q":"What notices are generally required for a nonjudicial foreclosure?","a":"Under Civil Code section 2924, a power of sale generally may be used only after a notice of default is recorded with the county recorder, not less than three months pass, and a notice of sale is given; the notice of sale may be recorded up to 5 days before the three-month period has passed if the sale date is at least three months and 20 days after the notice of default. That waiting period is a minimum, not the full length of a foreclosure. California Courts Self-Help states that nonjudicial foreclosure usually takes about four to six months; actual timing may depend on the loan and the notices."},{"q":"Where can a California homeowner read official information about foreclosure?","a":"HUD recommends talking with a HUD-approved housing counselor; call (800) 569-4287 to find one near you. California Courts Self-Help describes judicial and nonjudicial foreclosure, including timing, cost, deficiency and redemption differences. Talk to a California real estate attorney about your own loan and notices. If you are weighing a sale, Sidney can prepare a property-specific review; that review is not an appraisal."}],"body":"Sidney Manzo, CA DRE #01108914, can review this property. A request does not create a listing agreement.\n\nWhat is nonjudicial foreclosure in California? California Courts Self-Help explains that nonjudicial foreclosure does not go through court and is the most common type in California, and that if the mortgage or deed of trust has a power of sale clause, a lender can foreclose without going to court. Under Civil Code section 2924, a power of sale generally may be used only after a notice of default is recorded with the county recorder, at least three months pass, and a notice of sale is given. California Courts Self-Help states that nonjudicial foreclosure costs less because there is no court case. After a sale under a power of sale, Code of Civil Procedure section 580d says no deficiency judgment may be rendered on the note secured by that mortgage or deed of trust. California Courts Self-Help states that, in most cases, the lender cannot go to court for the rest of the debt, with a few exceptions related to fraud, some refinance loans or second liens. The same source states that there is no right to buy the home back after a nonjudicial sale. Talk to a California real estate attorney if an exception may apply to your loan.\n\nWhat is judicial foreclosure in California? A judicial foreclosure goes through court. Code of Civil Procedure section 725a allows the beneficiary or trustee under a deed of trust with a power of sale to sue to foreclose it the way a mortgage is foreclosed, and under section 726 the court's judgment can direct the sale of the property and apply the proceeds to the debt and costs. California Courts Self-Help states that judicial foreclosure usually takes longer and can take many months or even years. It also costs more because of court costs and legal fees. In a judicial foreclosure, the lender may ask the court for a deficiency judgment for debt the sale does not cover (Code of Civil Procedure section 726). Under section 726, if the deficiency is not waived or prohibited and the decree finds the borrower personally liable, the lender must apply within three months of the sale, and the judgment is generally limited to the amount by which the debt, interest and costs exceed the fair value of the home on the date of sale. There is no deficiency judgment if the lender waives it or if section 580b prohibits it; section 580b generally bars one on a loan used to buy a one-to-four-unit home that the buyer lives in. Whether that applies to a refinanced or other loan depends on the facts, so ask a California real estate attorney. Code of Civil Procedure section 729.010 says that when the court's decree finds a deficiency judgment may be ordered, the home is sold subject to a right of redemption, which lets the owner buy it back for a period after the sale. Under section 729.030, that period lasts three months after the sale if the sale proceeds cover the secured debt with interest and costs, and one year if they do not. California Courts Self-Help describes the same three-month and one-year periods.\n\nHow long does each type of foreclosure take? California Courts Self-Help states that nonjudicial foreclosure usually takes about four to six months and that judicial foreclosure usually takes longer and can take many months or even years. Actual timing may depend on the loan documents, the notices and, in a court case, the court's schedule. Under Civil Code section 2924, not less than three months must pass after the notice of default is filed for record, and the notice of sale is generally given after that period. The same section lets the notice of sale be recorded up to 5 days before the three-month period has passed, as long as the sale date is no earlier than three months and 20 days after the notice of default was recorded. That is a minimum, not the length of any one foreclosure.\n\nWhere can a California homeowner get help? HUD recommends contacting your lender early and talking with a HUD-approved housing counselor. HUD states that it funds free or very low-cost housing counseling, and you can find a counselor by calling (800) 569-4287. The Consumer Financial Protection Bureau also lists HUD-approved housing counseling agencies near you. The Consumer Financial Protection Bureau describes a short sale as a sale of your home for less than what you owe on your mortgage. It states that if your lender or servicer agrees to a short sale, you may be able to sell your home to pay off your mortgage, even if the sale price or proceeds turn out to be less than the balance. If you could be responsible for a deficiency, the same source suggests asking your lender to waive it before you go through with the sale and, if the lender waives it, getting the waiver in writing. Ask a California real estate attorney whether a deficiency could be owed on your loan. The Consumer Financial Protection Bureau states that a HUD-approved housing counselor can help you plan your next steps if you choose this option. Talk to a California real estate attorney about your loan documents, any recorded notices, and whether a deficiency or redemption rule may apply to you. Sidney Manzo is a licensed real estate agent, not an attorney. Sidney Manzo, your local agent in the San Gabriel Valley, in real estate since 1990, can prepare a Property-Specific Home Value Review , price the home, and guide a sale discussion. That review is not an appraisal. To compare ways to sell, see selling while behind on mortgage payments . General information, not legal or tax advice. Talk with a California real estate attorney or CPA about your situation. Rules as of October 21, 2026; they change, so check the official sources listed below.\n\nRelated California Seller Resources Selling While Behind on Mortgage Payments Property-Specific Home Value Review Book a Seller Consultation"}