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Behind on Payments in Chico: The Trustee Sale Clock and Your Options

House keys resting on a foreclosure notice, for stopping foreclosure in Chico

A Chico trustee sale can come no sooner than three months and 20 days after the notice of default is recorded.

You can reinstate until five business days before the sale date, and you can still sell the house if the sale closes first.

This is general information, not legal advice. State rules vary.

Jump to a section
  1. How much time you have
  2. Butte County notices and sales
  3. Options before the sale
  4. The 45 days after a sale
  5. Contract rules in foreclosure
  6. How Propcash can help
  7. Common questions

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If you are behind on the mortgage for a house in Chico, California, the first thing to know is that the clock is set by state law. Owners looking for ways to stop foreclosure in Chico usually want to know how much time is left and what still works. Under a deed of trust, a trustee can sell the house without a court case, on a timetable written into the Civil Code.

This guide walks through each step for a Chico house in Butte County and what you can still do at each one. It is general information, not legal advice.

How much time do you have after missing payments in Chico?

Under Cal. Civ. Code § 2924, the trustee sale can come no sooner than three months and 20 days after the notice of default is recorded. Your servicer has contact steps before that notice, so the stretch from a first missed payment usually runs longer.

For an owner-occupied first mortgage on a one-to-four unit house, the servicer must try to reach you before it records anything. It cannot record a notice of default until 30 days after it first contacts you, or 30 days after it has made the required attempts. Smaller servicers follow § 2923.5, and larger ones follow § 2923.55. Both require the servicer to give you HUD's toll-free number for finding a housing counselor.

Once the notice of default is recorded, § 2924 says "not less than three months shall elapse" before notice of sale is given. The notice of sale may be recorded up to five days early, but the sale date still falls at least three months and 20 days after the notice of default.

Step California rule What you can still do
Missed payments, servicer contact No notice of default until 30 days after contact or required attempts (§ 2923.5, § 2923.55) Ask for a meeting, call a HUD-approved counselor, apply for a loan modification, or sell
Notice of default recorded Filed with the recorder of the county where the house sits (§ 2924(a)(1)) Reinstate, apply for a modification, ask about a short sale or deed in lieu, or sell
Three-month wait "Not less than three months shall elapse" (§ 2924(a)(2)) Every option above stays open
Notice of sale Posted, published, and recorded at least 20 days before the sale (§ 2924f); sale no earlier than three months and 20 days after the notice of default (§ 2924(a)(4)) Reinstate, finish a modification application, or close a sale
Five business days before the sale Reinstatement right ends (§ 2924c(e)) Pay the full amount demanded, or close a sale that pays the loan off
Trustee sale In Butte County, 9 a.m. to 5 p.m. on a business day; postponements up to 365 days in total (§ 2924g) The owner's options under these rules end at the sale
Up to 45 days after Sale of a 1-4 unit house not final while eligible buyers may still come forward (§ 2924m) The window is for tenants and listed buyers, not the former owner

Where do Butte County foreclosure notices and sales happen?

Both notices for a Chico house are recorded with the Butte County recorder, and the trustee sale itself must be held in Butte County. The notice of default goes to "the office of the recorder of each county" where the house sits (§ 2924(a)(1)), and the notice of sale is recorded there too.

The notice of sale also has to reach you in ways you can see. Under § 2924f, at least 20 days before the sale:

  • A copy is posted on a door of a single-family house, or in a conspicuous place on the lot.
  • A written notice is posted in a public place.
  • The notice is published in a newspaper of general circulation once a week for three consecutive calendar weeks, with the first publication at least 20 days before the sale.
  • The notice is recorded with the county recorder.

The notice of sale must name the trustee, give the street address and assessor's parcel number, and state the unpaid balance with estimated costs. For a loan on one to four single-family residences, it must also list a phone number and website where you can check for postponements, using the case file number. The sale date on it sets your reinstatement deadline.

The sale day and postponements

Under § 2924g, a trustee sale is held in the county where the house is located, between 9 a.m. and 5 p.m. on a business day, Monday through Friday. The trustee can postpone the sale, but postponements cannot add up to more than 365 days from the date in the notice.

A red foreclosure for-sale sign on the front lawn of a two-story house
California lets an owner reinstate the loan until five business days before the sale date set in the notice of sale (Cal. Civ. Code § 2924c).

What can you still do before the trustee sale?

Until the sale, you can usually reinstate, apply for a modification, ask for a short sale or a deed in lieu, or sell the house.

Option Deadline in the statute You keep the house?
Reinstate Five business days before the sale date (§ 2924c(e)) Yes
Loan modification Complete application at least five business days before a scheduled sale (§ 2923.6(c), § 2924.18(a)) Yes, if approved
Short sale Pending sale cancelled once approved by all parties with proof of funds (§ 2924.11(d)) No
Deed in lieu Set by the servicer's approval No
Sell the house Close before the sale is concluded (§ 2924c(b)(1) notice) No, but any equity left after payoff is yours

Reinstate the loan

Reinstating means paying the past-due amount plus permitted costs, after which the loan goes on as before. Under § 2924c(e), you can do this from the notice of default until five business days before the sale date. After that deadline, the required notice says your only legal right is to pay the entire amount demanded.

Apply for a loan modification

A complete application for a first lien modification pauses the process if you send it at least five business days before a scheduled sale. While it is pending, the servicer cannot record a notice of default or notice of sale, or hold the sale. Larger servicers follow § 2923.6(c). Smaller ones follow § 2924.18, such as a servicer of seven or fewer California loans. Under § 2924.15, both apply only to owner-occupied first mortgages on one-to-four unit houses.

Short sale or deed in lieu

A short sale is a sale for less than the loan balance, with the lender's approval. Under § 2924.11(d), which covers larger servicers, a pending trustee sale is cancelled once the short sale is approved by all parties and proof of funds is in. A deed in lieu of foreclosure is, in the Consumer Financial Protection Bureau's words, an arrangement where you "voluntarily turn over ownership" to the lender. The CFPB suggests making sure it covers the entire amount you still owe.

Sell the house before the sale date

California's own foreclosure notice tells owners they can still sell. Every notice of default must carry this sentence, set out in § 2924c(b)(1):

"Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure."

Cal. Civ. Code § 2924c(b)(1), the required notice of default text

In a sale of your own, the loan is usually paid off at closing, and money left after the payoff and other liens goes to you. Our Chico cash sale page explains how a direct sale can fit around that date.

Housing counseling and bankruptcy

A HUD-approved housing counselor can review these options with you. The CFPB's counselor finder says these agencies "can offer independent advice, often at little or no cost to you" (Consumer Financial Protection Bureau, November 2026). You can also authorize a counselor or attorney in writing to speak with your servicer (§ 2923.5(d)).

A bankruptcy filing brings a federal stay. Under § 2924g(e), a sale postponed for that stay cannot happen until the stay ends. Whether bankruptcy fits your situation is a question for a bankruptcy attorney.

Is a Chico trustee sale final the day it happens?

Not always. For a house with one to four units, § 2924m can hold the sale open for up to 45 days so that certain tenants and buyers can come forward. That window is not a second chance for the former owner.

How the 15-day and 45-day steps work

If the winner at the sale is a buyer who declares under oath that they will live in the house, the usual finality rules apply. Otherwise, § 2924m(c) sets two checkpoints:

  • Day 15: the sale becomes final unless an "eligible tenant buyer" or an "eligible bidder" has delivered its full amount, or a nonbinding written notice of intent, to the trustee by 5 p.m. (or the next business day if that day is a weekend or holiday).
  • Day 45: a tenant or eligible buyer who sent a notice of intent has until 5 p.m. on the 45th day to deliver the full amount. Tenants must pay an amount equal to the sale price, and other eligible buyers must pay more than it.

Eligible buyers include tenants who rented before the notice of default, buyers who will live in the house, qualifying nonprofits, community land trusts, and public agencies. The borrower and the borrower's child, spouse, or parent are excluded. Under § 2924m(f), title stays with the owner until the sale is final. When the sale is not final at once, the trustee must post the sale date and price online within 48 hours (§ 2924m(e)).

What the Attorney General's records show for Butte County

The California Attorney General keeps a searchable public list of these sales, titled "Reported Residential Foreclosure Sales to Eligible Bidders," as § 2924m(k) requires. Filtered to Butte County on November 10, 2026, it showed 20 sales with trustee sale dates from November 16, 2022 through September 2, 2026. Three of those 20 listed a Chico address (California Attorney General, November 2026).

The list covers only sales won by an eligible buyer, not every Butte County foreclosure.

Why the timing matters for equity

Under § 2924h, a trustee sale is normally final when the trustee accepts the winning amount, and § 2924m only delays that moment. After the sale, § 2924k has the trustee pay the sale costs, the foreclosed loan, and junior liens before anything goes to you. In a sale you arrange, you agree to the price before the loan is paid off.

Redfin's Chico median sale price was $449,786 for the three months ending September 2026, down 4.3% from a year earlier (Redfin, September 2026). At that level, many Chico owners who have paid down a loan for years may have equity at stake. That is a general picture, not any one loan, and our Chico housing market guide has the wider numbers.

Two people shaking hands over a signed purchase contract and a small model house on a desk
A contract to buy an owner-occupied house in foreclosure must state, beside the seller's signature, when the seller's right to cancel ends (Cal. Civ. Code § 1695.5).

What must a buyer's contract say when your house is in foreclosure?

When most outside buyers purchase an owner-occupied house of one to four units with a recorded notice of default, California's home equity sales rules apply. The contract must be in writing, list set terms, and give you a five-business-day right to cancel. That covers Propcash too.

Under § 1695.1, you are the "equity seller" and the buyer is the "equity purchaser." A buyer who plans to live in the house is outside that definition, and so is anyone who takes title through a deed in lieu.

What the contract has to include

Under § 1695.3, the contract must hold the entire agreement and list:

  • The buyer's name, business address, and phone number.
  • The address of the house.
  • The total price and a complete description of the payment terms.
  • When possession transfers, and the terms of any rental agreement.
  • A notice of cancellation, plus a bold notice that the buyer cannot ask you to sign a deed or any other document until your right to cancel ends.

Under § 1695.2, it must be in the language you mainly used to negotiate. Under § 1695.5, it must state beside your signature the exact date and time your cancellation right ends.

The right to cancel

Under § 1695.4, you can cancel until midnight of the fifth business day after you sign. If the trustee sale is sooner, the right ends at 8 a.m. on the sale day. For these rules, Saturday counts as a business day, while Sunday and listed holidays do not.

Until the cancellation period ends, § 1695.6 bars the buyer from taking a deed from you, recording anything you signed, or paying you. It also bars untrue or misleading statements about the house's value or your rights. If you cancel, the buyer must return your signed papers within 10 days.

How can Propcash help a Chico owner behind on payments?

Propcash is a direct cash homebuyer, and we can make you a cash offer on a Chico house as-is. There are no repairs, no showings, and no fees or commissions charged to you.

Our offers are based on local market data, and we show you how we got to our number. With a sale date set, the closing follows the escrow timeline that date allows, and the § 1695 rules above apply to our contract. An offer can sit next to reinstatement, a modification, or a short sale while you decide. If a cash sale is not your best move, we will tell you. You can get a no-obligation cash offer or read how we work with owners facing foreclosure.

Common questions about foreclosure in Chico

Does a postponed trustee sale reopen the reinstatement window?

It can. Under Cal. Civ. Code § 2924c(e), if the sale is postponed for more than five business days, the right to reinstate revives on the date of the postponement. It then runs until five business days before the new sale date. A postponement of five business days or less does not revive it.

Can I still sell my Chico house after the notice of sale is posted?

Yes. The notice of default that California law requires tells the owner that they may offer the house for sale as long as the sale is concluded before the foreclosure is. The sale has to close, and the loan has to be paid off from it, before the trustee sale date. A buyer purchasing an owner-occupied house in foreclosure must also follow the contract rules in Cal. Civ. Code § 1695 and the sections after it.

What does a HUD-approved housing counselor cost?

The Consumer Financial Protection Bureau says HUD-approved counseling agencies can offer independent advice, often at little or no cost. Its finder lists approved agencies by ZIP code, so a Chico owner can search with a local ZIP. California law also requires servicers to give borrowers HUD's toll-free number for finding a counselor.

Can the former owner buy the house back during the 45 days after the sale?

No, not under Cal. Civ. Code § 2924m. The owner-occupant and tenant-buyer categories in that section exclude the borrower and the borrower's child, spouse, or parent. The window is for eligible bidders such as tenants, owner-occupant buyers, qualifying nonprofits, community land trusts, and public agencies.

Does Saturday count when I cancel a contract to sell a house in foreclosure?

Yes. For the home equity sales rules, Cal. Civ. Code § 1695.1(d) counts every calendar day except Sunday and nine listed holidays as a business day. The cancellation right runs until midnight of the fifth such day after you sign, or until 8 a.m. on the day of the trustee sale, whichever comes first.

Does a trustee sale leave the owner any money?

Only if money is left after others are paid. Cal. Civ. Code § 2924k has the trustee pay the costs of the sale first, then the loan being foreclosed, then junior liens in order. Whatever remains after that goes to the former owner.

About this guide

Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.

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