Facing a Notice of Default? Let's Look at Your Options Together.

Getting a Notice of Default is scary. A lot of good people stop opening the mail when it shows up. Please don't. In California, the law requires at least three months between a Notice of Default and a notice of sale, and the earlier you act, the more options you keep.

I'm Kevin Scott. I've been a licensed real estate agent since 2014 and a real estate investor since 2005, and I hold Certified Probate Expert (CPE) and Certified Trust and Probate Specialist (CTPS) credentials. I'm not an attorney, and I don't give legal advice. I help you understand your selling options, look at the numbers with you, and connect you with the right people, including free HUD-approved housing counselors and attorneys who handle foreclosure.

Whatever you decide, you'll know where you stand.

Free and confidential. No pressure, no upfront fees.

On this page: Who does what · Taxes, credit and money · Free HUD counseling · Your support team · What I do and don't do · The timeline · Pre-foreclosure FAQ

Foreclosure Attorney: Your Legal Compass

A foreclosure or real estate attorney can review your notices, explain your rights under California law and federal rules, spot mistakes in the paperwork, and tell you whether options like bankruptcy make sense for you.

 

If your sale date is close, or something in your notices doesn't look right, talk to an attorney right away. I'm not an attorney. I'm happy to share the names of attorneys I trust.

Real Estate Agent: Your Selling Options

If keeping the home isn't possible, or isn't what you want, selling on your own terms is often the best way to protect what you've built. As your agent, I can give you an honest opinion of value, list and market your home to qualified buyers, handle a short sale with your lender's approval, track every deadline, and lay out every offer side by side, including investor offers.

 

California-Specific: Since January 1, 2025, California law (Civil Code 2924f) can give you a one-time 45-day postponement of a trustee sale when a listing agreement with a California-licensed real estate broker is delivered to the trustee at least 5 business days before the sale. The paperwork and delivery rules are specific, so ask your attorney to confirm it applies to you.

GET MY FREE OPTIONS REVIEW

Safeguarding Your Financial Interests

Pre-foreclosure affects more than the house. Before you decide, talk these through with a CPA, a tax professional, or an attorney.

 

Forgiven debt can be taxable. The federal tax break for forgiven mortgage debt on a main home ended for debt forgiven after December 31, 2025 (IRS Publication 4681). California-Specific: California generally taxes forgiven mortgage debt too.

 

Your credit and your next home. A foreclosure generally stays on a credit report for 7 years. Waiting periods for a new home loan are often shorter after a short sale or deed in lieu than after a foreclosure.

 

What you could still owe. California-Specific: It depends on the type of loan and how the home is sold (Code of Civil Procedure 580b, 580d and 580e). An attorney can explain how these apply to your loans.

 

Money left after a sale. If a foreclosure sale brings in more than is owed, the extra money, called surplus funds, can belong to you. You can claim it yourself.

HUD-Approved Housing Counselor:

Free help with your lender. HUD-approved housing counselors help homeowners understand their options, organize their finances, and work with their lender. Foreclosure counseling from a HUD-approved agency is free.

 

Find a HUD Counselor:

Call (800) 569-4287 or visit HUD's Avoiding Foreclosure page.

 

Los Angeles County:

The Department of Consumer and Business Affairs offers free one-on-one foreclosure counseling. Call (800) 593-8222.

 

You never need to pay a company to talk to your lender for you.

Your Pre-Foreclosure Support Team

Over the years I've built a network of trusted professionals. Depending on your situation, I can connect you with:

 

Foreclosure and Real Estate Attorneys: legal advice about your rights and your notices

Bankruptcy Attorneys: when bankruptcy may be worth talking through

HUD-Approved Housing Counselors: free help with your lender and your budget

CPAs and Tax Professionals: forgiven debt and tax questions on a sale

Real Estate Appraisers: an independent value for your home

Estate Sale and Moving Help: when a home full of belongings has to be cleared on a deadline

Property Care & Support: handymen, cleaners, landscapers and movers to get the home ready to sell

 

You choose who you work with.

What I Do, and What I Don't Do

What I do:

A free, confidential options review

An honest opinion of your home's value

List and sell your home, including short sales with lender approval

Keep your deadlines, your team and your escrow on track

Connect you with attorneys, counselors and tax professionals

 

What I don't do:

Give legal or tax advice

Negotiate loan modifications for a fee

Charge upfront fees

Recover surplus funds for a fee

Promise to stop or postpone a foreclosure

Pressure you

You Are Not Alone

Foreclosure activity has been rising, here in California and across the country.

29,777

California foreclosure starts in 2025, the third most of any state

ATTOM, January 2026
8,503

Foreclosure starts in the Los Angeles metro area in 2025

ATTOM, January 2026
16,040

California foreclosure starts in the first half of 2026

ATTOM, July 2026
4.37%

U.S. home loans behind on payments in the second quarter of 2026

Mortgage Bankers Association, August 2026

There's no shame in asking for help. The people who come out of this in the best shape are usually the ones who ask early.

The Timeline at a Glance

Each step shows whether it's a federal rule that applies in every state, or a California-specific rule.

1
Missed payment. By day 36, your servicer must try to reach you. By day 45, it must send you a written notice about your options. Source: 12 CFR 1024.39 (CFPB)Federal, all states
2
More than 120 days behind. This is generally the earliest a first foreclosure notice can be recorded or filed on your main home. Source: 12 CFR 1024.41 (CFPB)Federal, all states
3
30-day contact period. Before a Notice of Default is recorded, the servicer must contact you, or make diligent efforts to, and then wait 30 days. Source: Civil Code 2923.5California-Specific
4
Notice of Default recorded. You should receive a copy by mail within 10 business days.California-Specific
5
At least 3 months. A notice of sale can't be given until at least 3 months after the Notice of Default is recorded. Source: Civil Code 2924California-Specific
6
Notice of Trustee's Sale. It's posted, published, recorded and mailed at least 20 days before the sale. Source: Civil Code 2924fCalifornia-Specific
7
Reinstatement deadline. You can catch up the loan until 5 business days before the sale. Source: Civil Code 2924cCalifornia-Specific
8
Trustee sale. At the first sale of a 1 to 4 unit home, the trustee can't sell for less than 67% of the lender's fair market value estimate.California-Specific
9
After the sale. For 1 to 4 unit homes, certain eligible bidders get a 45-day window, and there's a process to claim any surplus funds.California-Specific

Many foreclosures take much longer because of postponements. Nationally, homes foreclosed in the second quarter of 2026 had been in the process an average of 563 days (ATTOM, July 2026).

Answers to your pre-foreclosure questions here.

Who You'll Work With

A Notice of Default is hard, and you don't have to sort it out alone. You'll work with me directly, and I'll bring in the right professionals from my network when your situation calls for it.

  • I'm Kevin Scott, a South Bay real estate agent with eXp Realty. I've been licensed since 2014 and investing in real estate since 2005, and I'm a Certified Probate Expert (CPE) and Certified Trust and Probate Specialist (CTPS).

    I'm not an attorney, and I don't give legal advice. I help you understand your selling options, look at the numbers with you, and bring in the right attorneys, HUD-approved counselors, and tax professionals when you need them.

    Meet Kevin

  • A lot of my work is with families going through hard seasons: a loss, a trust, a home that has to sell on a deadline. Pre-foreclosure is one more of those seasons.

    I'll listen first, tell you the truth about your numbers, and help you choose the path that's right for you and your family. What you share with me stays private, and there's never any pressure.

    How I Work

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Kevin Scott

Kevin Scott Real Estate | eXp Realty

Phone

+1(424) 667-4140

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IMPORTANT NOTE: The information on this page is general information, not legal, tax, or financial advice, and it's provided without warranty or guarantee of accuracy. Kevin Scott is a licensed California real estate agent (DRE 01958725) with eXp Realty. He is not an attorney, a tax advisor, or a HUD-approved housing counselor, and he is not affiliated with any lender, loan servicer, or government agency. No one can guarantee that a foreclosure will be stopped or postponed. Please talk with an attorney about your legal rights and a tax professional about tax questions. Information checked September 2026.