Land records · Parcel maps · October 7, 2026
What Is a Notice of Default in Foreclosure?
What is a notice of default? A recorded notice that a borrower has missed payments, starting nonjudicial foreclosure in deed of trust states.
What is a notice of default? A notice of default is a formal notice that a borrower has fallen behind on a mortgage or deed of trust. In states that use nonjudicial foreclosure, such as California, the trustee records a notice of default in the county land records to begin the foreclosure process. The notice states the amount needed to bring the loan current and the time allowed to cure. It becomes public record, which is why notices of default are often used to identify properties in pre-foreclosure. This page is general land-records background, not legal advice.
Where notices of default are used
| Foreclosure type | Typical first public filing |
|---|---|
| Nonjudicial (deed of trust) | Recorded notice of default, in some states |
| Judicial (mortgage) | Foreclosure lawsuit and lis pendens |
| Other nonjudicial states | Notice of sale without a separate default filing |
Not every nonjudicial state requires a recorded notice of default. Some go directly to a notice of sale after required letters to the borrower. See what is a deed of trust.
Timeline
Federal mortgage servicing rules generally prevent servicers from starting foreclosure on a primary residence until the loan is more than 120 days delinquent. After a notice of default is recorded, state law gives the borrower a period to cure before a sale can be scheduled. In California, for example, at least three months must pass before a notice of trustee sale can be recorded.
What the notice says
- Borrower and property identification.
- The deed of trust being foreclosed, by recording reference.
- The nature of the default, usually missed payments.
- The amount needed to reinstate.
- Contact information for the trustee or servicer.
- Required statutory warnings.
Options after a notice of default
- Reinstate by paying past-due amounts and fees.
- Loan modification or repayment plan.
- Forbearance, if available.
- Short sale with lender approval.
- Deed in lieu of foreclosure.
- Sell the property before the sale date.
Housing counseling agencies can help borrowers understand options.
Next step: notice of sale
If the default is not cured, the trustee records and publishes a notice of trustee sale setting the auction date.
Finding notices of default
Search the county recorder’s index by property owner name or document type. Many counties list notices of default as “NOD.” Investors and services track them, and owners may receive solicitations after one is recorded. See what is a pre-foreclosure.
Rescission
If the borrower cures the default, the trustee records a rescission or cancellation of the notice of default so the record shows the foreclosure ended.
Bottom line
A notice of default is a recorded notice that a borrower missed payments, starting nonjudicial foreclosure in some deed of trust states. It gives a cure period before a sale can be set and becomes public record. Borrowers have options including reinstatement, modification, and sale. Find county recorders via the Platbookmapper map.
What is a notice of default FAQ
What is a notice of default?
A recorded notice that a borrower has defaulted, starting nonjudicial foreclosure.
Is a notice of default public?
Yes, once recorded with the county.
Can I stop foreclosure after a notice of default?
Often by reinstating, modifying the loan, or selling.
How long after a notice of default is the sale?
It depends on state law; California requires at least three months before a notice of sale.
Do all states use notices of default?
No, procedures vary by state and foreclosure type.