California Codes

Cal. Civil Code § 2924 (2026)

✓ current as of May 2026

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(a)Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which case it is to be deemed a pledge. If, by a mortgage created after July 27, 1917, of any estate in real property, other than an estate at will or for years, less than two, or in any transfer in trust made after July 27, 1917, of a like estate to secure the performance of an obligation, a power of sale is conferred upon the mortgagee, trustee, or any other person, to be exercised after a breach of the obligation for which that mortgage or transfer is a security, the power shall not be exercised except where the mortgage or transfer is made pursuant to an order, judgment, or decree of a court of record, or to secure the payment of bonds or other evidences of indebtedness authorized or permitted to be issued by the Commissioner of Financial Protection and Innovation, or is made by a public utility subject to the provisions of the Public Utilities Act, until all of the following apply:

(1)The trustee, mortgagee, or beneficiary, or any of their authorized agents shall first file for record, in the office of the recorder of each county wherein the mortgaged or trust property or some part or parcel thereof is situated, a notice of default. That notice of default shall include all of the following:

(A)A statement identifying the mortgage or deed of trust by stating the name or names of the trustor or trustors and giving the book and page, or instrument number, if applicable, where the mortgage or deed of trust is recorded or a description of the mortgaged or trust property.

(B)A statement that a breach of the obligation for which the mortgage or transfer in trust is security has occurred.

(C)A statement setting forth the nature of each breach actually known to the beneficiary and of the beneficiary’s election to sell or cause to be sold the property to satisfy that obligation and any other obligation secured by the deed of trust or mortgage that is in default.

(D)If the default is curable pursuant to Section 2924c, the statement specified in paragraph (1) of subdivision (b) of Section 2924c.

(2)Not less than three months shall elapse from the filing of the notice of default.

(3)Except as provided in paragraph (4), after the lapse of the three months described in paragraph (2), the mortgagee, trustee, or other person authorized to take the sale shall give notice of sale, stating the time and place thereof, in the manner and for a time not less than that set forth in Section 2924f.

(4)Notwithstanding paragraph (3), the mortgagee, trustee, or other person authorized to take sale may record a notice of sale pursuant to Section 2924f up to 5 days before the lapse of the three-month period described in paragraph (2), provided that the date of sale is no earlier than three months and 20 days after the recording of the notice of default.

(5)Whenever a sale is postponed for a period of at least 10 business days pursuant to Section 2924g, a mortgagee, beneficiary, or authorized agent shall provide written notice to a borrower regarding the new sale date and time, within 5 business days following the postponement. Information provided pursuant to this paragraph shall not constitute the public declaration required by subdivision (d) of Section 2924g. Failure to comply with this paragraph shall not invalidate any sale that would otherwise be valid under Section 2924f.

(6)An entity shall not record or cause a notice of default to be recorded or otherwise initiate the foreclosure process unless it is the holder of the beneficial interest under the mortgage or deed of trust, the original trustee or the substituted trustee under the deed of trust, or the designated agent of the holder of the beneficial interest. An agent of the holder of the beneficial interest under the mortgage or deed of trust, original trustee, or substituted trustee under the deed of trust shall not record a notice of default or otherwise commence the foreclosure process except when acting within the scope of authority designated by the holder of the beneficial interest.

(b)In performing acts required by this article or responding to requests for payoff or reinstatement information, the trustee shall not incur liability for any good faith error resulting from reliance on information provided in good faith by the beneficiary regarding the nature and the amount of the default under the secured obligation, deed of trust, or mortgage. In performing the acts required by this article or responding to requests for payoff or reinstatement information, a trustee shall not be subject to Title 1.6c (commencing with Section 1788) of Part 4.

(c)A recital in the deed executed pursuant to the power of sale of compliance with all requirements of law regarding the mailing of copies of notices or the publication of a copy of the notice of default or the personal delivery of the copy of the notice of default or the posting of copies of the notice of sale or the publication of a copy thereof shall constitute prima facie evidence of compliance with these requirements and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and without notice.

(d)All of the following shall constitute privileged communications pursuant to Section 47:

(1)The mailing, publication, and delivery of notices as required by this section.

(2)Performance of the procedures set forth in this article.

(3)Performance of the functions and procedures set forth in this article if those functions and procedures are necessary to carry out the duties described in Sections 729.040, 729.050, and 729.080 of the Code of Civil Procedure.

(e)There is a rebuttable presumption that the beneficiary actually knew of all unpaid loan payments on the obligation owed to the beneficiary and secured by the deed of trust or mortgage subject to the notice of default. However, the failure to include an actually known default shall not invalidate the notice of sale and the beneficiary shall not be precluded from asserting a claim to this omitted default or defaults in a separate notice of default.

(f)With respect to residential real property containing no more than four dwelling units, a separate document containing a summary of the notice of default information in English and the languages described in Section 1632 shall be attached to the notice of default provided to the mortgagor or trustor pursuant to Section 2923.3.

Notes of Decisions

Cited in 430 cases (89 in the last 5 years), 1884–2025 · leading case: Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029 (E.D. Cal. 2009).

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Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029 (E.D. Cal. 2009). · cites it 12× “See Cal. Civ. Code § 2924 . ReconTrust issued a Notice of Default on the loan, which was recorded on May 29, 2008.”

Vien-Phuong Thi Ho v. ReconTrust Co., 858 F.3d 568 (9th Cir. 2016). · cites it 3× “The notice also advised Ho that her home “may be sold without any court action.”

Cedano v. Aurora Loan Servs., LLC (In Re Cedano), 470 B.R. 522 (9th Cir. BAP 2012). · cites it 9× “Code § 3301 or Cal. Civ.Code § 2924 to declare a default or to foreclose on the Property; and, furthermore, that MERS and Cal-Western failed to comply with procedural requirements, including Cal.”

Knapp v. Doherty, 20 Cal. Rptr. 3d 1 (Cal. Ct. App. 2004). · cites it 4× “(Civ. Code, § 2924; [citation].) The foreclosure process is commenced by the recording of a notice of default and election to sell by the trustee.”

Gomes v. Countrywide Home Loans, Inc., 192 Cal. App. 4th 1149 (Cal. Ct. App. 2011). · cites it 3× “” 4 The second cause of action seeks declaratory relief on the issue of whether “[Civil Code section 2924, subdivision (a)] allows a borrower, before his or her property is sold, to bring a civil action in order to test whether the person electing to sell the property is, or is…”

Lona v. Citibank, N.A., 202 Cal. App. 4th 89 (Cal. Ct. App. 2011). · cites it 3× “(Civ. Code, § 2924; [citation].) After the notice of default is recorded, the trustee must wait three calendar months before proceeding with the sale.”

Orcilla v. Big Sur, Inc., 244 Cal. App. 4th 982 (Cal. Ct. App. 2016). · cites it 3× “(Civ. Code, § 2924; [citation].) The foreclosure process is commenced by the recording of a notice of default and election to sell by the trustee.”

Moeller v. Chun-Yen Lien, 94 Cal. Daily Op. Serv. 4271 (Cal. Ct. App. 1994). · cites it 5× “*830 Statutory Framework Civil Code sections 2924 through 2924k provide a comprehensive framework for the regulation of a nonjudicial foreclosure sale pursuant to a power of sale contained in a deed of trust.”

Garretson v. Post, 68 Cal. Rptr. 3d 230 (Cal. Ct. App. 2007). · cites it 5× ““Civil Code sections 2924 through 2924k provide a comprehensive framework for the regulation of a nonjudicial foreclosure sale pursuant to a power of sale contained in a deed of trust.”

Vien-Phuong Thi Ho v. Recontrust Co., 840 F.3d 618 (9th Cir. 2016). · cites it 6× “See Cal. Civ. Code § 2924 (a)(1). The notice advised Ho that she owed more than $20,000 on her loan and that she “may have the legal right to bring [her] account in good standing by paying all of [her] past due payments” to Countrywide.”

Mireles v. Wells Fargo Bank, N.A., 845 F. Supp. 2d 1034 (C.D. Cal. 2012). · cites it 3× “28, 2009) ("Under California Civil Code section 2924, 'no party needs to physically possess the promissory note.”

Fontenot v. Wells Fargo Bank, N.A., 198 Cal. App. 4th 256 (Cal. Ct. App. 2011). · cites it 2× “With respect to the former, the court concluded the “ ‘comprehensive’ ” statutory framework regulating nonjudicial foreclosure, Civil Code sections 2924 through 2924k, did not require the agent of a beneficial owner, such as MERS, to demonstrate that it was authorized by the…”

Show all 430 citing cases →

— Cal. Civil Code § 2924(A)(1) — 1 case

Gieser v. Freedom Mortg. Corp. (N.D. Cal. 2024).

— Cal. Civil Code § 2924(a) — 11 cases

Mireles v. Wells Fargo Bank, N.A., 845 F. Supp. 2d 1034 (C.D. Cal. 2012). “28, 2009) ("Under California Civil Code section 2924, 'no party needs to physically possess the promissory note.”

Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088 (E.D. Cal. 2014).

Rodriguez v. JP Morgan Chase & Co., 809 F. Supp. 2d 1291 (S.D. Cal. 2011).

Macklin v. Deutsche Bank Nat'l Trust Co. (In re Macklin), 495 B.R. 8 (Bankr. E.D. Cal. 2013).

Dannie Guerrero v. Greenpoint Mortg. Funding, 403 F. App'x 154 (9th Cir. 2010).

— Cal. Civil Code § 2924(a)(1) — 46 cases

Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029 (E.D. Cal. 2009). “See Cal. Civ. Code § 2924 . ReconTrust issued a Notice of Default on the loan, which was recorded on May 29, 2008.”

Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088 (E.D. Cal. 2014).

Herrejon v. Ocwen Loan Servicing, LLC, 980 F. Supp. 2d 1186 (E.D. Cal. 2013).

Hamilton v. Bank of Blue Valley, 746 F. Supp. 2d 1160 (E.D. Cal. 2010).

Mireles v. Wells Fargo Bank, N.A., 845 F. Supp. 2d 1034 (C.D. Cal. 2012). “28, 2009) ("Under California Civil Code section 2924, 'no party needs to physically possess the promissory note.”

— Cal. Civil Code § 2924(a)(1)(A) — 1 case

In re: Christopher Michael Marino & Valerie Margaret Marino, 577 B.R. 772 (9th Cir. BAP 2017).

— Cal. Civil Code § 2924(a)(1)(C) — 3 cases

In re Residential Capital, LLC, 523 B.R. 24 (Bankr. S.D.N.Y. 2014).

Hall v. Val-Chris Investments, Inc. (S.D. Cal. 2023).

— Cal. Civil Code § 2924(a)(2) — 1 case

Pinel v. Aurora Loan Servs., LLC, 814 F. Supp. 2d 930 (N.D. Cal. 2011).

— Cal. Civil Code § 2924(a)(5) — 1 case

Cornejo v. Ocwen Loan Servicing, LLC, 151 F. Supp. 3d 1102 (E.D. Cal. 2015).

— Cal. Civil Code § 2924(a)(6) — 13 cases

Cherie Morgan v. Aurora Loan Servs., 646 F. App'x 546 (9th Cir. 2016).

Alma Bell v. Wells Fargo Bank, 663 F. App'x 549 (9th Cir. 2016).

In Re: Byron York Priestley (C.D. Cal. 2024).

Theresa Schoenbart v. U.S. Bank, 706 F. App'x 445 (9th Cir. 2017).

Wladimir Wasjutin v. Bank of Am. (9th Cir. 2018).

— Cal. Civil Code § 2924(a)(l)(A) — 1 case

Kelley v. Mortg. Elec. Reg. Sys., Inc., 642 F. Supp. 2d 1048 (N.D. Cal. 2009).

— Cal. Civil Code § 2924(b) — 14 cases

Landry v. Bank of Am., N.A. (In re Landry), 493 B.R. 541 (Bankr. E.D. Cal. 2013).

Ganas v. Wells Fargo Bank, N.A. (In re Ganas), 513 B.R. 394 (Bankr. E.D. Cal. 2014).

Ghuman v. Wells Fargo Bank, N.A., 989 F. Supp. 2d 994 (E.D. Cal. 2013).

Perez v. Wells Fargo Bank, N.A., 929 F. Supp. 2d 988 (N.D. Cal. 2013).

— Cal. Civil Code § 2924(b)(4) — 3 cases

Cedano v. Aurora Loan Servs., LLC (In Re Cedano), 470 B.R. 522 (9th Cir. BAP 2012). “Code § 3301 or Cal. Civ.Code § 2924 to declare a default or to foreclose on the Property; and, furthermore, that MERS and Cal-Western failed to comply with procedural requirements, including Cal.”

In re Residential Capital, LLC, 523 B.R. 24 (Bankr. S.D.N.Y. 2014).

— Cal. Civil Code § 2924(c) — 10 cases

In Re Gonzalez, 456 B.R. 429 (Bankr. C.D. Cal. 2011).

Macklin v. Deutsche Bank Nat'l Trust Co. (In re Macklin), 495 B.R. 8 (Bankr. E.D. Cal. 2013).

Young v. Washington Fed. Sav. & Loan Ass'n (In Re Young), 156 B.R. 282 (Bankr. D. Idaho 1993).

Kim Carson v. Bank of Am., 611 F. App'x 379 (9th Cir. 2015).

Bush v. Loanstar Mortgagee Servs., L.L.C., 286 F. Supp. 2d 1210 (N.D. Cal. 2003).

— Cal. Civil Code § 2924(d) — 10 cases

Mehta v. Wells Fargo Bank, NA, 737 F. Supp. 2d 1185 (S.D. Cal. 2010).

Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).

Consum. Solutions Reo, LLC v. Hillery, 658 F. Supp. 2d 1002 (N.D. Cal. 2009).

Perez v. Wells Fargo Bank, N.A., 929 F. Supp. 2d 988 (N.D. Cal. 2013).

Cisneros v. Instant Capital Funding Grp., Inc., 263 F.R.D. 595 (E.D. Cal. 2009).

— Cal. Civil Code § 2924(i) — 1 case

Shepardson v. U.S. Bank Trust Nat'l Ass'n, as Tr. for Bungalow Series IV Trust (N.D. Cal. 2025).

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