Notice of Default in Kern County: the timeline, and what you can do at each step
A Notice of Default starts a clock in California. Here is how long each stage usually lasts in Kern County, what you can still do at each one, and when selling makes sense.
If a Notice of Default showed up in your mail, or you found out one was recorded against your house in Bakersfield, Delano, Tehachapi or anywhere else in Kern County, the first thing to know is that you have not lost the house. A Notice of Default is the start of a process, and California law builds time into it. What matters is what you do with that time.
This guide walks through the stages in order. It is general information, not legal advice, and your own dates are on your own paperwork.
Before the notice: the lender has to reach out
For most owner-occupied homes, California requires the lender to try to contact you about your options before it can record a Notice of Default. If you are getting calls and letters about missed payments, that is this stage. It is the cheapest moment to fix the problem, because no foreclosure fees have been added yet.
What you can do now: call the lender, ask for a loan modification or a repayment plan, and talk to a HUD-approved housing counselor. The counseling is free. You can find one at 888-995-4673.
Stage 1: the Notice of Default is recorded
The lender's trustee records the Notice of Default with the Kern County Recorder and mails you a copy. The notice says how much you are behind and who to contact.
From this point California generally gives you about three months before the lender can set a sale date. During that time you can bring the loan current by paying what is past due plus the fees. This is called reinstating the loan. You do not have to pay off the whole mortgage, only what is behind.
What you can do now:
- Reinstate. Ask the trustee in writing for the exact reinstatement amount and the date it is good through.
- Apply for a loan modification. California law limits a lender from pushing ahead with a sale while a complete modification application is under review on an owner-occupied home. Send the full package, keep copies, and get proof it was received.
- Sell. If you have equity, a sale pays off the loan and the rest is yours. Three months is enough time to list with an agent if the house is in good shape, and more than enough for a cash sale.
- Talk to an attorney about bankruptcy if you need to stop the clock. It has real costs and consequences, so get advice first.
Stage 2: the Notice of Trustee's Sale
If the loan is not brought current, the trustee records a Notice of Trustee's Sale. It has to be recorded, mailed to you, posted on the property and published in a local newspaper, and the sale date must be at least about 20 days out.
The notice gives the date, time and place of the auction. In Kern County that is your deadline.
What you can do now: in most cases you can still reinstate until about five business days before the sale. After that the lender can demand the full balance. You can still sell, but there is no time for a traditional listing. A buyer has to be able to close in days, with the title company coordinating the payoff directly with the trustee.
Sales are often postponed, sometimes more than once. Do not count on it. Plan as if the date on the notice is real.
Stage 3: the trustee's sale
The house is auctioned to the highest bidder, or goes back to the lender if nobody bids enough. Your ownership ends at the sale. If the house sells for more than what was owed, the extra money belongs to the junior lienholders and then to you, and you can claim it. Be careful with anyone who contacts you offering to "recover" that money for a large cut.
After the sale the new owner has to go through an eviction process to remove you. That takes time, but it goes on your record, and it is better not to get there.
So when does selling make sense?
Run the numbers honestly:
- What is the house worth as it sits? Look at recent sales nearby, not the asking prices.
- What is the payoff? Ask the lender for a payoff statement. Add any second loans, back property taxes and liens.
- What is left? If the first number is clearly higher than the second, you have equity worth protecting. A foreclosure can wipe it out. A sale keeps it.
If you owe more than the house is worth, a regular sale will not cover the loan. Ask the lender about a short sale, or talk with a counselor about your other options. We will tell you plainly if that is where you are.
One more protection to know about
California has a specific law for homeowners who sell to an investor after a Notice of Default has been recorded. It requires a written contract in plain terms and gives you a period to cancel. Any buyer who skips that, pressures you to sign the same day, or asks you to sign the deed over before you are paid is a buyer to walk away from.
How we work with owners in default
We buy houses across Kern County for cash. When a default has been recorded, we get the payoff from the lender, show you our offer and what would be left for you in writing, and close through a local escrow company that pays the lender directly. If you would come out better by listing, reinstating or modifying the loan, we will say so.
If you want a number to compare against your other options, send us the address. There is no charge and no obligation.