Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 14. LIEN / CHAPTER 2. Mortgage / ARTICLE 1. Mortgages in General
California Codes

Cal. Civil Code § 2924.11 (2026)

Mortgages in General

✓ current as of May 2026
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(a)If a foreclosure prevention alternative is approved in writing prior to the recordation of a notice of default, a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of default under either of the following circumstances:

(1)The borrower is in compliance with the terms of a written trial or permanent loan modification, forbearance, or repayment plan.

(2)A foreclosure prevention alternative has been approved in writing by all parties, including, for example, the first lien investor, junior lienholder, and mortgage insurer, as applicable, and proof of funds or financing has been provided to the servicer.

(b)If a foreclosure prevention alternative is approved in writing after the recordation of a notice of default, a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of sale or conduct a trustee’s sale under either of the following circumstances:

(1)The borrower is in compliance with the terms of a written trial or permanent loan modification, forbearance, or repayment plan.

(2)A foreclosure prevention alternative has been approved in writing by all parties, including, for example, the first lien investor, junior lienholder, and mortgage insurer, as applicable, and proof of funds or financing has been provided to the servicer.

(c)When a borrower accepts an offered first lien loan modification or other foreclosure prevention alternative, the mortgage servicer shall provide the borrower with a copy of the fully executed loan modification agreement or agreement evidencing the foreclosure prevention alternative following receipt of the executed copy from the borrower.

(d)A mortgagee, beneficiary, or authorized agent shall record a rescission of a notice of default or cancel a pending trustee’s sale, if applicable, upon the borrower executing a permanent foreclosure prevention alternative. In the case of a short sale, the cancellation of the pending trustee’s sale shall occur when the short sale has been approved by all parties and proof of funds or financing has been provided to the mortgagee, beneficiary, or authorized agent.

(e)The mortgage servicer shall not charge any application, processing, or other fee for a first lien loan modification or other foreclosure prevention alternative.

(f)The mortgage servicer shall not collect any late fees for periods during which a complete first lien loan modification application is under consideration or a denial is being appealed, the borrower is making timely modification payments, or a foreclosure prevention alternative is being evaluated or exercised.

(g)If a borrower has been approved in writing for a first lien loan modification or other foreclosure prevention alternative, and the servicing of that borrower’s loan is transferred or sold to another mortgage servicer, the subsequent mortgage servicer shall continue to honor any previously approved first lien loan modification or other foreclosure prevention alternative, in accordance with the provisions of the act that added this section.

(h)This section shall apply only to mortgages or deeds of trust described in Section 2924.15.

(i)This section shall not apply to entities described in subdivision (b) of Section 2924.18.

Notes of Decisions
Cited in 18 cases (10 in the last 5 years), 2013–2025 · leading case: Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).
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Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013). “” Cal. Civ.Code § 2924.11(f). On the facts alleged, this claim may only be directed at Wells Fargo as servicer.”
Haynish v. Bank of Am., N.A., 284 F. Supp. 3d 1037 (N.D. Cal. 2018). “See Cal. Civ. Code § 2924.11 (2018). For this order, though, the Court will cite to the statutes as they existed during the events described in the complaint.”
Wong v. Wells Fargo Bank N.A. (E.D. Cal. 2020). · cites it 6× “Code § 2924g; (2) violation 4 of Cal. Civ. Code § 2924.11 ; (3) violation of Cal.”
Scheuerman v. PHH Mortg. Corp. (S.D. Cal. 2020). · cites it 4× “9 (failure to provide homeowner with foreclosure alternatives) against 11 Defendants PHH, BNA, and WP; (4) violation of California Civil Code § 2924.10 (failure 12 to provide homeowner with written notice of receipt of loan modification application) 13 against Defendant PHH; (5)…”
Necer v. PHH Mortg. Corp. (E.D. Cal. 2024). · cites it 3× “4 at 22-23 (citing Cal. Civ. Code § 2924.11 (d)). 5 In reply, Defendants claim Plaintiff misunderstands the statutory definition of dual tracking.”
Santana v. BSI Fin. Servs., Inc. (S.D. Cal. 2020). · cites it 3× “Sixteenth Cause of Action – Violation of California Civil Code section 2924.11 7 Defendants profess that the section 2924.”
Wladimir Wasjutin v. Bank of Am. (9th Cir. 2018). · cites it 2× “We need not determine whether the former provision remains in effect for purposes of this appeal, whether the new provision applies, or whether neither is now applicable. The Wasjutins’ claim fails regardless, as recordation of the default notice is an element of both versions…”
Adem v. Am.'s Wholesale Lender CA2/6 (Cal. Ct. App. 2021). · cites it 2× “11, subdivision (a) formerly provided: “If a borrower submits a complete application for a foreclosure prevention alternative offered by, or through, the borrower’s mortgage servicer, a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent shall not record a…”
Samson v. Select Portfolio Servicing, Inc. (N.D. Cal. 2021). · cites it 2× “11 prevents a mortgage servicer from recording a notice of default or a notice of sale, as well as from conducting a trustee’s sale, when a foreclosure prevention alternative (such as a loan modification) has been approved.”
(PS) Robinson v. Bettencourt (E.D. Cal. 2025). · cites it 2× “Moreover, the second amended 23 complaint indicates that plaintiff and both defendant Bettencourt and defendant Coastal Capital 24 are California citizens, and therefore diversity jurisdiction is also absent.”
In Re Debtor: Ashley Susan Aarons (C.D. Cal. 2023). “21 Cal. Civ. Code § 2924.11 (b)(2) (emphasis added).”
Ogamba v. Wells Fargo Bank, N.A. (E.D. Cal. 2019). “See Cal. Civ. Code § 2924.11 (2018). As of January 1, 2019, section 2924.”
Show all 18 citing cases →
Cal. Civil Code § 2924.11(d): 1 case
Necer v. PHH Mortg. Corp. (E.D. Cal. 2024). “4 at 22-23 (citing Cal. Civ. Code § 2924.11 (d)). 5 In reply, Defendants claim Plaintiff misunderstands the statutory definition of dual tracking.”
Cal. Civil Code § 2924.11(f): 1 case
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013). “” Cal. Civ.Code § 2924.11(f). On the facts alleged, this claim may only be directed at Wells Fargo as servicer.”
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