Some states allow foreclosed homeowners to repurchase their property following a foreclosure during what’s called a “redemption period.” Whether you get the right to redeem after a foreclosure sale in California depends on whether the foreclosure is nonjudicial (out of court) or judicial (through the state court system), as well as other factors. Read on to learn more about California’s redemption laws.

No Redemption Period After a Nonjudicial Foreclosure

When a foreclosure in California is nonjudicial—as most foreclosures in that state are—the homeowner doesn't get the right to redeem the property after the sale. Because the vast majority of residential foreclosures in California are nonjudicial, a foreclosed homeowner usually can’t get the home back after the sale by redeeming it.

But if the foreclosure happens to be judicial, the homeowner might get the right to redeem, depending on the circumstances. (Read about the differences between nonjudicial and judicial foreclosures.)

Redemption Period After a Judicial Foreclosure

If the foreclosure was judicial, you can redeem your home either:

• within three months if there wasn’t a deficiency, or
• within one year if there was a deficiency—but not if the bank waives a deficiency judgment or California law prohibits a deficiency judgment in your situation. (Learn about when the bank can’t get a deficiency judgment in Can the Bank Get a Deficiency Judgment After a Foreclosure in California?)

How Will I Know If I Have a Right to Redeem?

If you get a redemption period after the foreclosure sale, the levying officer who handles the sale will deliver a notice to you, either personally or by mail. The notice will indicate the length of the redemption period.

How Much You'll Have to Pay to Get Your Home Back

If you get the right to redeem and you want to exercise this option, you have to reimburse the purchaser—the person or entity who bought the property at the foreclosure sale—for the full price paid at the sale, plus all lawful charges like:

• the amount of any assessments or taxes
• reasonable amounts for fire insurance, maintenance, upkeep, and repairs
• the amount of any prior liens that the purchaser paid, and
• interest.

If Possible, Don’t Wait Until After the Foreclosure to Save Your Home

If you want to keep your home, usually it's better to take action before the foreclosure sale. Most banks and loan servicers offer foreclosure avoidance options, like modifications and repayment plans, to borrowers who are having trouble making their mortgage payments. (To learn more about potential ways to avoid foreclosure, see Foreclosure and Your Home: Understanding the Process, Your Rights, and Your Options.)

If you submit a complete application for a foreclosure avoidance option to your loan servicer more than 37 days prior to a foreclosure sale, the servicer has to evaluate your application before going ahead with the foreclosure. (Learn more about Federal Mortgage Servicing Rules: Protections Against Foreclosure.)

Getting Help

For more information about foreclosure procedures in California, possible defenses to a foreclosure, or to learn about the process for redeeming the home after a foreclosure (if you get that right), consider talking to a local foreclosure attorney. If you need information about different ways to avoid a foreclosure, consider talking to a HUD-approved housing counselor.