Hercules · Foreclosure & auctions
Foreclosure and auctions in Hercules
Hercules fines the legal owner of foreclosed vacant residential property that is not maintained, after a period to fix it. Foreclosure timing and sale rules come from state law.
Key points
- Civil fine: City rule: up to $1,000 per day on the legal owner of foreclosed vacant residential property not maintained, after 30 days to fix.
- Shorter deadline: City rule: the 30 days to fix is shorter if a condition threatens public health or safety.
- State timeline: State law: at least 3 months from notice of default to notice of sale, which is posted at least 20 days before the sale.
- State sale rule: State law: on 1–4 unit property, a trustee's sale is not final for 15 days.
Each rule below is marked Hercules code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.
Registering vacant and foreclosed homes
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Foreclosure steps and deadlines
CA state law California law sets this statewide. Time between notice of default and sale: At least three months after the notice of default is recorded before notice of sale; the sale itself no earlier than three months and 20 days after the notice of default (Civ. Code § 2924(a)(2), (a)(4)). Notice of trustee's sale: Posted, published and recorded at least 20 days before the sale (Civ. Code § 2924f(b)). California foreclosure rules — the full state rule →
Homeowner protections
CA state law California law sets this statewide. No foreclosure while a loan modification is pending: If a complete first-lien modification application is submitted at least five business days before a sale, the servicer may not record a notice of default or sale, or hold the sale, while it is pending (Civ. Code § 2923.6(c)). California foreclosure rules — the full state rule →
The trustee's sale (auction)
CA state law California law sets this statewide. When and where sales are held: At public auction in the county where the property is, between 9 a.m. and 5 p.m. on a business day (Civ. Code § 2924g(a)(1)). Tenant and owner-occupant priority after a sale (SB 1079): On 1–4 unit property, a trustee's sale is not final for 15 days; eligible tenant buyers and eligible bidders who give notice of intent may bid within 45 days (Civ. Code § 2924m(c)). California foreclosure rules — the full state rule →
Tenants in a foreclosed home
CA state law California law sets this statewide. Tenants in a foreclosed property: A month-to-month tenant must get at least 90 days' written notice to quit; a tenant with a fixed-term lease signed before the sale may stay to the end of the lease (Code Civ. Proc. § 1161b(a), (b)). California foreclosure rules — the full state rule →
Debt after the sale
CA state law California law sets this statewide. No deficiency after a trustee's sale: After a nonjudicial trustee's sale, the lender cannot collect any shortfall from the borrower (Code Civ. Proc. § 580d(a)). California foreclosure rules — the full state rule →
Who this affects
Frequently asked questions
Must a lender or owner register a vacant or foreclosed home in Hercules?
City rule: up to $1,000 per day on the legal owner of foreclosed vacant residential property not maintained, after 30 days to fix. City rule: the 30 days to fix is shorter if a condition threatens public health or safety.
General information, not legal advice.
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