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 § 2924g (2026)

Mortgages in General

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(a)(1)All sales of property under the power of sale contained in any deed of trust or mortgage shall be held in the county where the property or some part thereof is situated, and shall be made at auction, to the highest bidder, between the hours of 9 a.m. and 5 p.m. on any business day, Monday through Friday.

(2)(A)The sale shall commence at the time and location specified in the notice of sale. Any postponement shall be announced at the time and location specified in the notice of sale for commencement of the sale or pursuant to paragraph (1) of subdivision (c).

(B)A sale that is postponed pursuant to subparagraph (E) of paragraph (1) of subdivision (c) shall be postponed seven calendar days at the same time and location.

(3)If the sale of more than one parcel of real property has been scheduled for the same time and location by the same trustee, (A) any postponement of any of the sales shall be announced at the time published in the notice of sale, (B) the first sale shall commence at the time published in the notice of sale or immediately after the announcement of any postponement, and (C) each subsequent sale shall take place as soon as possible after the preceding sale has been completed.

(4)Notwithstanding any other law, a sale of property under the power of sale contained in any deed of trust or mortgage shall be subject to the following restriction: a trustee shall not bundle properties for the purpose of sale and each property shall be bid on separately, unless the deed of trust or mortgage requires otherwise.

(b)When the property consists of several known lots or parcels, they shall be sold separately unless the deed of trust or mortgage provides otherwise. When a portion of the property is claimed by a third person, who requires it to be sold separately, the portion subject to the claim may be thus sold. The trustor, if present at the sale, may also, unless the deed of trust or mortgage otherwise provides, direct the order in which property shall be sold, when the property consists of several known lots or parcels which may be sold to advantage separately, and the trustee shall follow that direction. After sufficient property has been sold to satisfy the indebtedness, no more can be sold.

If the property under power of sale is in two or more counties, the public auction sale of all of the property under the power of sale may take place in any one of the counties where the property or a portion thereof is located.

(c)(1)There may be a postponement or postponements of the sale proceedings, including a postponement upon instruction by the beneficiary to the trustee that the sale proceedings be postponed, at any time prior to the completion of the sale for any period of time not to exceed a total of 365 days from the date set forth in the notice of sale. The trustee shall postpone the sale in accordance with any of the following:

(A)Upon the order of any court of competent jurisdiction.

(B)If stayed by operation of law.

(C)By mutual agreement, whether oral or in writing, of any trustor and any beneficiary or any mortgagor and any mortgagee.

(D)At the discretion of the trustee.

(E)If an act of force majeure prevents access to the sale location at the time of the sale.

(2)In the event that the sale proceedings are postponed for a period or periods totaling more than 365 days, the scheduling of any further sale proceedings shall be preceded by giving a new notice of sale in the manner prescribed in Section 2924f. New fees incurred for the new notice of sale shall not exceed the amounts specified in Sections 2924c and 2924d, and shall not exceed reasonable costs that are necessary to comply with this paragraph.

(d)(1)The notice of each postponement and the reason therefor shall be given by public declaration by the trustee at the time and place last appointed for sale. A public declaration of postponement shall also set forth the new date, time, and place of sale and the place of sale shall be the same place as originally fixed by the trustee for the sale. No other notice of postponement need be given. However, the sale shall be conducted no sooner than on the seventh day after the earlier of (1) dismissal of the action or (2) expiration or termination of the injunction, restraining order, or stay that required postponement of the sale, whether by entry of an order by a court of competent jurisdiction, operation of law, or otherwise, unless the injunction, restraining order, or subsequent order expressly directs the conduct of the sale within that seven-day period. For purposes of this subdivision, the seven-day period shall not include the day on which the action is dismissed, or the day on which the injunction, restraining order, or stay expires or is terminated. If the sale had been scheduled to occur, but this subdivision precludes its conduct during that seven-day period, a new notice of postponement shall be given if the sale had been scheduled to occur during that seven-day period. The trustee shall maintain records of each postponement and the reason therefor.

(2)The public declaration described in paragraph (1) shall not be required if the sale is postponed because an act of force majeure prevented access to the sale location.

(e)Notwithstanding the time periods established under subdivision (d), if postponement of a sale is based on a stay imposed by Title 11 of the United States Code (bankruptcy), the sale shall be conducted no sooner than the expiration of the stay imposed by that title and the seven-day provision of subdivision (d) shall not apply.

(f)For purposes of this section, “an act of force majeure” means an event that was unforeseeable at the time the sale was scheduled that is outside of the trustee’s control and renders completion of the sale impossible or impractical.

(g)This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2031, deletes or extends that date.

Notes of Decisions
Cited in 77 cases (12 in the last 5 years), 1975–2025 · leading case: Vien-Phuong Thi Ho v. ReconTrust Co., 858 F.3d 568 (9th Cir. 2016).
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Vien-Phuong Thi Ho v. ReconTrust Co., 858 F.3d 568 (9th Cir. 2016). · cites it 2× “See Cal. Civ. Code § 2924g(a). Moreover, the purpose of a foreclosure proceeding is to collect money.”
Fjeldsted v. Lien (In Re Fjeldsted), 293 B.R. 12 (B.A.P. 9th Cir. 2003). · cites it 3× “A private nonjudicial foreclosure sale under a trust deed’s power of sale clause is governed by Cal. Civ.Code §§ 2924g and 2924h. Under § 2924g, the creditor is required to give notice and announce postponement and the reason therefor; that notice may be by public declaration at…”
Moeller v. Chun-Yen Lien, 25 Cal. App. 4th 822 (Cal. Ct. App. 1994). · cites it 4× “) After the 3-month period has elapsed, a notice of sale must be published, posted and mailed 20 days before the sale and recorded 14 days before the sale.”
Vien-Phuong Thi Ho v. Recontrust Co., 840 F.3d 618 (9th Cir. 2016). · cites it 4× “See Cal. Civ. Code § 2924g(a). Moreover, the purpose of a foreclosure proceeding is to collect money.”
Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029 (E.D. Cal. 2009). · cites it 3× “The trustee may postpone the sale at any time before the sale is completed (Cal. Civ.Code § 2924g (c)(1)). If the sale is postponed, the requisite notices must be given (Cal.”
Royal Thrift & Loan Co. v. Cnty. Escrow, Inc., 123 Cal. App. 4th 24 (Cal. Ct. App. 2004). · cites it 3× “(Civ. Code, § 2924g, subd. (c)(1) . . . .) If the sale is postponed, the requisite notices must be given.”
6 Angels, Inc. v. Stuart-Wright Mortg., Inc., 85 Cal. App. 4th 1279 (Cal. Ct. App. 2001). · cites it 3× “(Civ. Code, § 2924g, subd. (c)(1) . . . .) If the sale is postponed, the requisite notices must be given.”
Pinel v. Aurora Loan Servs., LLC, 814 F. Supp. 2d 930 (N.D. Cal. 2011). · cites it 4× “” Cal. Civ.Code § 2924g(a) (emphasis added).”
Abdallah v. United Sav. Bank, 43 Cal. App. 4th 1101 (Cal. Ct. App. 1996). · cites it 2× “” (Civ. Code, § 2924g, subd. (d), italics added.”
West v. JPMorgan Chase Bank, 214 Cal. App. 4th 780 (Cal. Ct. App. 2013). “Civil Code section 2924g, subdivision (d) reads, in relevant part: “The notice of each postponement and the reason therefor shall be given by public declaration by the trustee at the time and place last appointed for sale.”
Ragland v. U.S. Bank Nat'l Ass'n, 209 Cal. App. 4th 182 (Cal. Ct. App. 2012). “Plaintiff alleges that the foreclosure sale occurred six days too early in violation of Civil Code §2924g. Even if this were true, plaintiff’s damages are not recoverable because plaintiff was incapable of reinstating her loan.”
Knapp v. Doherty, 123 Cal. App. 4th 76 (Cal. Ct. App. 2004). “(Civ. Code, § 2924g, subd. (a); [citation].”
Show all 77 citing cases →
Cal. Civil Code § 2924g(a): 9 cases
Vien-Phuong Thi Ho v. ReconTrust Co., 858 F.3d 568 (9th Cir. 2016). “See Cal. Civ. Code § 2924g(a). Moreover, the purpose of a foreclosure proceeding is to collect money.”
Vien-Phuong Thi Ho v. Recontrust Co., 840 F.3d 618 (9th Cir. 2016). “See Cal. Civ. Code § 2924g(a). Moreover, the purpose of a foreclosure proceeding is to collect money.”
Fjeldsted v. Lien (In Re Fjeldsted), 293 B.R. 12 (B.A.P. 9th Cir. 2003). “A private nonjudicial foreclosure sale under a trust deed’s power of sale clause is governed by Cal. Civ.Code §§ 2924g and 2924h. Under § 2924g, the creditor is required to give notice and announce postponement and the reason therefor; that notice may be by public declaration at…”
Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029 (E.D. Cal. 2009). “The trustee may postpone the sale at any time before the sale is completed (Cal. Civ.Code § 2924g (c)(1)). If the sale is postponed, the requisite notices must be given (Cal.”
Pinel v. Aurora Loan Servs., LLC, 814 F. Supp. 2d 930 (N.D. Cal. 2011). “” Cal. Civ.Code § 2924g(a) (emphasis added).”
Cal. Civil Code § 2924g(b): 1 case
Mann v. Alexander Dawson Inc. (In re Mann), 907 F.2d 923 (9th Cir. 1990).
Cal. Civil Code § 2924g(c): 3 cases
Fjeldsted v. Lien (In Re Fjeldsted), 293 B.R. 12 (B.A.P. 9th Cir. 2003). “A private nonjudicial foreclosure sale under a trust deed’s power of sale clause is governed by Cal. Civ.Code §§ 2924g and 2924h. Under § 2924g, the creditor is required to give notice and announce postponement and the reason therefor; that notice may be by public declaration at…”
Perez v. Wells Fargo Bank, N.A., 929 F. Supp. 2d 988 (N.D. Cal. 2013).
Walker v. California Mortg. Serv. (In Re Walker), 67 B.R. 811 (Bankr. C.D. Cal. 1986).
Cal. Civil Code § 2924g(c)(1): 3 cases
Pamela Rae v. Bank of Am., No. 17-55283 (9th Cir. June 18, 2018).
Rose Court, LLC v. Select Portfolio Servicing, Inc., No. 3:20-cv-06213 (N.D. Cal. Sept. 27, 2021).
Giannotta Props., Inc. v. Barbaccia, 146 F. App'x 97 (9th Cir. 2005).
Cal. Civil Code § 2924g(c)(1)(D): 1 case
Vodonick v. Fed. Home Loan Mortg. Ass'n, No. 2:15-cv-00539 (E.D. Cal. June 3, 2020).
Cal. Civil Code § 2924g(c)(2): 3 cases
Pinel v. Aurora Loan Servs., LLC, 814 F. Supp. 2d 930 (N.D. Cal. 2011). “” Cal. Civ.Code § 2924g(a) (emphasis added).”
Jauregui v. Ricci (In Re Jauregui), 197 B.R. 673 (Bankr. E.D. Cal. 1996).
Tashjian v. Invictus Residential Pooler - 2A, No. 5:19-cv-01536 (N.D. Cal. Feb. 26, 2024).
Cal. Civil Code § 2924g(c)(l): 1 case
Pinel v. Aurora Loan Servs., LLC, 814 F. Supp. 2d 930 (N.D. Cal. 2011). “” Cal. Civ.Code § 2924g(a) (emphasis added).”
Cal. Civil Code § 2924g(c)(l)(A): 1 case
Pinel v. Aurora Loan Servs., LLC, 814 F. Supp. 2d 930 (N.D. Cal. 2011). “” Cal. Civ.Code § 2924g(a) (emphasis added).”
Cal. Civil Code § 2924g(d): 8 cases
Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029 (E.D. Cal. 2009). “The trustee may postpone the sale at any time before the sale is completed (Cal. Civ.Code § 2924g (c)(1)). If the sale is postponed, the requisite notices must be given (Cal.”
Tome v. Baer (In Re Tome), 113 B.R. 626 (Bankr. C.D. Cal. 1990).
Mann v. Alexander Dawson Inc. (In re Mann), 907 F.2d 923 (9th Cir. 1990).
Carl I. Brown & Co. v. Anderson (In Re Anderson), 195 B.R. 87 (B.A.P. 9th Cir. 1996).
MacAlma v. Bank United of Texas, 192 B.R. 751 (N.D. Cal. 1995).
Cal. Civil Code § 2924g(d)(2): 1 case
C. Man, LLC v. Melon Partners, LLC, No. B265443 (Cal. Ct. App. May 16, 2016).
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