Can I Sell My House Before Foreclosure? Yes - Here's How
The short answer is YES - you absolutely can sell your house before foreclosure, and for many homeowners, it's the best option. Selling before foreclosure protects your equity, limits damage to your credit, and gives you control over the outcome rather than letting the bank decide your fate.
If you're facing foreclosure and wondering if selling is right for you, this guide will walk you through all your options, timelines, and how to make the best decision for your situation.
Good News: You Have Time
In California, you can sell your home at any point before the foreclosure auction - even up to the day before the sale. The key is understanding your timeline and choosing the right selling strategy for your situation.
Why Selling Before Foreclosure Makes Sense
Many homeowners don't realize that selling is an option, or they wait too long to consider it. Here's why selling before foreclosure is often the smartest choice:
1. Protect Your Equity
If your home is worth more than you owe, selling lets you keep that equity. In a foreclosure auction, homes typically sell for less than market value, and you lose any equity you've built.
2. Limit Credit Damage
A foreclosure stays on your credit report for 7 years and can drop your score by 100-150 points. Selling your home - even if it's a difficult sale - is much less damaging to your credit.
3. Control Your Timeline
When you sell, you choose when to move. With foreclosure, you're evicted on someone else's schedule, often with very little notice.
4. Walk Away with Cash
If you have equity, selling means you walk away with money in your pocket to start fresh. You can use this for a new place to live, paying off other debts, or rebuilding your life.
5. Avoid Deficiency Judgment
In some cases, lenders can pursue you for the difference if the home sells for less than owed. Negotiating a sale properly can help you avoid this liability.
Your Selling Options
Traditional Market Sale Best Price
Timeline: 60-90+ days
Best for: Homeowners with 3+ months before auction and homes in good condition
Listing your home on the open market typically gets you the highest price. You'll work with a real estate agent, prepare the home for showings, and wait for buyer financing to close.
Pros: Highest sale price, competitive bidding
Cons: Takes longer, requires home to show well, buyer financing can fall through
Cash Buyer Sale Fastest
Timeline: 7-21 days
Best for: Homeowners facing imminent auction or who need certainty
Cash buyers (investors) can close extremely quickly because they don't need bank financing. This is often the only option when the foreclosure sale is days or weeks away.
Pros: Close in days, no repairs needed, guaranteed closing, flexible move-out
Cons: Lower sale price than retail market (typically 70-85% of market value)
Short Sale For Underwater Homes
Timeline: 60-120 days
Best for: Homeowners who owe more than their home is worth
If you're "underwater" (owe more than the home's value), a short sale lets you sell for less than owed with lender approval. The lender forgives the difference. See our complete guide on short sale vs foreclosure.
Pros: Avoids foreclosure, lender may forgive remaining debt
Cons: Requires lender approval (can be slow), may have tax implications
Timeline: When Can You Sell?
| Stage | Can You Sell? | Best Strategy |
|---|---|---|
| Behind on payments (no NOD) | Yes - all options available | Traditional sale, take your time |
| Notice of Default received | Yes - 90+ days available | Traditional or cash sale |
| Notice of Sale received | Yes - but time is short | Cash buyer or quick close |
| Auction is next week | Yes - still possible! | Emergency cash buyer |
Auction Coming Soon?
Even if your sale is days away, we may be able to help. Cash buyers can close extremely quickly, and in some cases, we can postpone the auction while the sale completes. Call us immediately at (949) 565-5285.
How to Sell Your Home During Foreclosure
Step 1: Know Where You Stand
Understand exactly where you are in the foreclosure timeline and how much time you have. Check your Notice of Default or Notice of Sale for key dates.
Step 2: Determine Your Home's Value
Get an accurate estimate of what your home is worth in today's market. Consider getting a professional opinion rather than relying solely on online estimates.
Step 3: Calculate Your Equity
Subtract what you owe (including past-due amounts and fees) from your home's value. This tells you if you'll walk away with money or need to consider a short sale.
Step 4: Choose Your Selling Strategy
Based on your timeline and equity situation, decide between:
- Traditional market sale (if you have time)
- Cash buyer sale (if time is short)
- Short sale (if you're underwater)
Step 5: Work With Professionals Who Understand Foreclosure
Not all real estate professionals understand the unique challenges of selling during foreclosure. Work with someone experienced in these situations who can navigate the complexities.
Find Out What Your Home Is Worth
Get a no-obligation assessment of your home's value and your options. We'll help you understand exactly where you stand and what makes sense for your situation.
Schedule Free Consultation Call (949) 565-5285What About the Remaining Mortgage?
When you sell, the mortgage gets paid from the sale proceeds. Here's how it works:
If You Have Equity (Home Worth More Than Owed)
The sale proceeds pay off the mortgage, any past-due amounts, closing costs, and agent commissions. Whatever is left goes to you.
If You're Underwater (Owe More Than Home Is Worth)
You'll need to pursue a short sale, where your lender agrees to accept less than owed. The lender may forgive the remaining balance or you may need to negotiate this.
Important Note
If you sell for less than you owe (short sale), there may be tax implications. The forgiven debt could be considered taxable income. Consult with a tax professional about your specific situation.
Selling With a Notice of Default
Having a Notice of Default (NOD) filed doesn't prevent you from selling. In fact, California's 90-day reinstatement period gives you a window to sell before the foreclosure advances.
Key points:
- The NOD is public record, but this doesn't prevent a sale
- You can sell at any point during the 90-day period
- Sale proceeds pay off the loan and stop the foreclosure
- Title companies regularly handle sales during foreclosure
Selling After Notice of Sale
Once a Notice of Trustee Sale is filed, time is critical but selling is still possible:
- You typically have at least 21 days before the auction
- Cash buyers can close within this timeframe
- In some cases, the sale can be postponed while your sale closes
- Even the day before auction, a sale can prevent foreclosure
Time-Sensitive Situation?
If your auction is scheduled soon, don't wait. Contact us immediately and we'll see if a quick sale is possible. Every day matters.
Call Now: (949) 565-5285Common Questions About Selling Before Foreclosure
Can I sell if I'm behind on my mortgage?
Yes! Being behind on payments doesn't prevent you from selling. The past-due amounts are simply paid from the sale proceeds.
Will I owe money after selling?
If you have equity, no. If you're underwater and do a short sale, the lender may forgive the remaining balance (negotiate this as part of the short sale).
Can the bank refuse to let me sell?
No. You own the home until the foreclosure is complete. You have every right to sell. However, if you need lender cooperation for a short sale, they must approve.
What if my home needs repairs?
Cash buyers purchase homes "as-is" - no repairs needed. Traditional market sales may require you to make repairs or accept a lower price.
How do I know if selling is right for me?
Consider selling if: you have equity to protect, you want to control the timeline, you're unable to afford the home long-term, or other options like loan modification haven't worked.
Next Steps
If you're considering selling your home to avoid foreclosure, here's what to do now:
- Check your foreclosure timeline and know your deadlines
- Get a realistic assessment of your home's value
- Calculate your equity position
- Talk to a professional who understands foreclosure sales
- Make a decision based on your specific circumstances
We Can Help You Sell Before Foreclosure
As licensed California real estate professionals, we've helped hundreds of homeowners successfully sell during foreclosure. Get a free, no-obligation consultation to understand your options.
Schedule Free Consultation Call (949) 565-5285Licensed: DRE #02076038 | NMLS #2033637