Deed of Trust
A deed of trust is the security instrument California uses instead of a mortgage to secure a home loan, involving borrower, lender, and a neutral trustee — a structure that lets a lender foreclose without going to court.
The borrower (trustor) conveys title to a trustee to hold as security for the lender (beneficiary). If the borrower defaults, the trustee can initiate a non-judicial trustee's sale rather than filing a lawsuit.
This structure is why the overwhelming majority of California foreclosures proceed as non-judicial trustee sales, following the statutory notice of default and notice of trustee's sale timeline, rather than a court foreclosure case.
Recognizing that your loan is secured by a deed of trust (not a mortgage in the judicial-foreclosure sense) clarifies why the process runs on the fixed timeline set out in Civil Code Section 2924, and why selling before a scheduled trustee's sale is often the most reliable way to stop foreclosure. Confirm your specific dates with your loan servicer or an attorney.
Need Personalized Help?
Every situation is different. Get a free, no-obligation consultation and cash offer for your specific property.