Notice of Default

A notice of default may also be referred to as an NOD or a foreclosure notice. It’s a notice given to a homeowner stating that he or she has not made their mortgage payments by the predetermined deadline.

It is the first legal document that you will receive if you fall behind on your payments.

In California, the notice of default is the initial document filed by a trustee and it is recorded in the county where the property is located. It is the first step that a lender takes in the foreclosure process. 

    • The notice of default dictates that if the money owed plus additional legal fees is not paid in a given amount of time, the lender may choose to foreclose on the borrower’s property. 
    • Any other parties who may be affected by the Foreclosure such as a second mortgage holder, a private note holder, or an HOA may also receive a copy of the notification.
    • Once the notice of default has been recorded the lender must wait 90 days before continuing with the foreclosure process. 
    • NTS or notice of trustee sale is a filing by notice announcing a public auction. The NTS is the second step in the California foreclosure process and it triggers the sale data of the property.
    • It is filed 90 days or more after the original notice of default.  A notice of default does not mean you no longer have control. It means it’s time to take control.

Related Forms:

  • Notice of Acceptance of Order
  • Notice of Conditional Acceptance of Defective Goods
  • Notice of Demand for Delivery of Goods
  • Notice of Dishonored Check
  • Notice of Cancellation of Purchase Order
  • Notice of Past Due Child Support
  • Notice of Rejection of Non-Conforming Goods
  • Notice of Rejection of Order
  • Notice of Return of Goods Sold on Approval

Other Forms

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