A notice of intent to foreclose in California is a warning letter from your mortgage servicer, often called a breach or demand letter. It says the loan is in default, names the amount needed to cure, and sets a deadline before the lender may accelerate the loan. It is not yet a foreclosure filing, which is exactly why it is the best moment to act.
If one of these letters just arrived, call (415) 754-0115 to schedule your free consultation, or send a short message through our contact page.
Where a notice of intent to foreclose fits in California
Most California homes are financed with a deed of trust, and most foreclosures are non-judicial. The recorded steps are the notice of default, then the notice of trustee sale, then the auction. The notice of intent to foreclose comes earlier and is not recorded with the county.
Before the letter: early contact
Federal mortgage servicing rules generally require servicers to attempt live contact with a delinquent borrower early in the delinquency and to send written information about loss mitigation options. These rules also generally bar a servicer from making the first foreclosure notice or filing until the loan is more than 120 days delinquent.
The letter itself
Many standard deeds of trust require the lender to send a notice before accelerating the loan. That notice typically identifies the default, states what must be done to cure it, gives a cure date at least 30 days out, and warns that failing to cure may lead to acceleration and sale of the property. It often also mentions the right to reinstate after acceleration and the right to raise defenses in court.
After the letter: the notice of default
For owner-occupied homes, California law also generally requires the servicer to contact the borrower, or make diligent attempts, at least 30 days before recording a notice of default. Once that notice is recorded, the formal clock starts. Our guide to the notice of default in California explains that next stage.
Reading your notice of intent to foreclose, line by line
Lay the letter beside your own records and check each item.
- The amount to cure: does it match your missed payments, or does it include late charges, inspection charges or other items you do not recognize?
- The cure date: write it on your calendar and count backward to plan.
- The servicer's contact details: note the department that handles loss mitigation.
- Loss mitigation language: many letters explain how to apply for help. Keep that page.
- The property and loan number: confirm these are correct, especially after a servicing transfer.
When the numbers look wrong
If you believe the servicer has made an error, you can send a written notice of error or request for information under federal rules. Our article on the qualified written request explains how that works and what the servicer must do in response.
Options while you still have time
Because nothing has been recorded yet, this stage usually offers the widest range of choices.
Cure the default
Paying the amount stated by the cure date generally stops the process. If you can pay part, ask in writing whether the servicer will accept a repayment plan.
Apply for loss mitigation
A loan modification, forbearance or repayment plan may fit if your hardship is temporary or your income has changed. Submitting a complete application early matters, because several federal and California protections depend on when a complete application was received.
Plan an exit if keeping the home is not realistic
Selling early, before any notice is recorded, usually gives buyers and agents more time to work, and a sale that closes quickly may be completed before any foreclosure notice is recorded.
A traditional sale, a short sale or a deed in lieu of foreclosure may protect equity or credit compared with a completed foreclosure.
Consider bankruptcy carefully
Chapter 13 can let a homeowner catch up on mortgage arrears over a plan period. It is a significant decision, and an attorney can review your situation and explain whether it makes sense.
How a foreclosure defense attorney helps at this stage
Speaking with a lawyer at the intent-to-foreclose stage, rather than waiting for a notice of default or a sale date, can leave more room to negotiate and to build a complete loss mitigation file. The Somal Law Firm's foreclosure defense practice covers loan modification, foreclosure prevention, short sale negotiation and mortgage disputes for homeowners in Pleasanton, Dublin, Livermore, San Ramon, Danville and across Alameda and Contra Costa Counties. Attorney Bob Somal reviews the letter, your payment history and your goals, then explains the options in plain language.
For a broader overview of the steps that follow, see our guide on how to stop foreclosure in California.
Frequently asked questions
Is a notice of intent to foreclose the same as a notice of default?
No. The notice of intent is usually a letter required by your loan documents and is not recorded. The notice of default is a recorded document that formally begins California's non-judicial foreclosure process.
How long after this letter can foreclosure start?
It depends on your loan documents and how far behind you are. Federal rules generally prevent the first foreclosure notice until the loan is more than 120 days delinquent, and the letter itself typically gives at least 30 days to cure.
Can I still get a loan modification after this letter?
Often, yes. This is a good time to apply, because an early, complete application can carry protections under federal and California rules.
Should I ignore the letter if I plan to sell?
No. Even if you plan to sell, communicating with the servicer and tracking deadlines helps avoid a foreclosure sale before your sale closes.
If you received a notice of intent to foreclose, call (415) 754-0115 to schedule your free consultation with The Somal Law Firm. You can also reach us through the contact page. Bring the letter, your recent statements and any loss mitigation paperwork, and we will review where you stand and what can be done before anything is recorded.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.