San Jose · Foreclosure & auctions

Foreclosure and auctions in San Jose

San Jose requires the owner of a vacant or abandoned building in the neglected-building program to register within 10 calendar days of the city's notice. An owner living more than 60 miles away needs a responsible agent.

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Key points

Registration: The owner must register within 10 calendar days of the notice to register, when the director determines the property is subject to the chapter.
Responsible agent: A responsible agent is required when the owner lives more than 60 miles away; within 60 miles the owner may serve as agent.
Rehabilitation: A building boarded voluntarily or through city enforcement must be rehabilitated for occupancy within 180 calendar days after boarding, unless an exception applies.
Security: Vacant or abandoned property needs secured openings, one operable door, locked locks and a weather-resistant sign at least 18" x 24" with contact information.
State timeline: State law: notice of sale comes at least 3 months after notice of default is recorded and at least 20 days before the sale.
State sale window: Under state law, a 1–4 unit trustee's sale is not final for 15 days; eligible bidders who give notice may bid within 45 days.

Each rule below is marked San Jose 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

San Jose code What San Jose's code adds
Local contact	A responsible agent is required. Applies: Applies when the owner lives more than 60 miles from the building or structure. § 17.38.320 · code text The owner of any vacant or abandoned building or structure who lives more than sixty miles from the building or structure shall name a responsible agent who lives within or whose place of business is within the City of San José. The owner may name himself or herself as the responsible agent. Applies: Applies when the owner lives within 60 miles of the vacant or abandoned building or structure. § 17.38.320 · code text Any owner who lives within sixty miles of the vacant or abandoned building or structure may designate himself or herself as the responsible agent. Responsible agent or local property management company or agent information is required. Applies: Applies to a corporation, out-of-area beneficiary or trustee, or owner entity. § 17.38.310 · code text In the case of a corporation or out of area beneficiary or trustee, as defined below, the local property management company or agent responsible for the security, maintenance, and monitoring of the property shall be included.
Upkeep duties	Secure all windows, doors, gates, fences and other large enough openings against unauthorized entry. Maintain glazing or equivalent plywood resistance. Applies: Applies to all vacant or abandoned property. § 17.38.230 · code text All vacant or abandoned property shall be maintained in a manner which secures it from any unauthorized entry and meets the following minimum security standards: At least one operable door into each building or structure. Applies: Applies to any vacant or abandoned building or structure. § 17.38.230 · code text There shall be at least one operable door into each building or structure to allow access to all portions of the building or structure. Keep all locks locked. Applies: Applies to any vacant or abandoned building or structure. § 17.38.230 · code text All locks shall be kept locked. Post a weather-resistant sign, at least 18" x 24", with owner, responsible party or property manager contact information and reporting instructions. Applies: Applies to any vacant or abandoned building or structure. § 17.38.230 · code text There shall be a sign no less than 18" x 24" posted on the front of the exterior building or structure so it is legible from the public-right-of-way with the following information: (i) name and twenty-four hour contact telephone number and address of the owner, responsible party, or property management company; Rehabilitate the boarded building or structure for occupancy within 180 calendar days after it is boarded. Applies: Applies to a building or structure boarded voluntarily or through city enforcement, unless an exception applies. § 17.38.200 · code text The owner of any vacant or abandoned building or structure, whether boarded by voluntary action of the owner or as a result of enforcement activity by city, shall rehabilitate the boarded building or structure for occupancy, in accordance with all applicable code and regulations, within one hundred and eighty calendar days after the building is boarded, unless the building or structure meets one of the conditions set forth in Section 17.38.200.A. Maintain an operating security alarm system at all times. Applies: Applies to a vacant or abandoned historic building or structure. § 17.38.260 · code text All vacant or abandoned historic buildings or structures shall have an operating security alarm system at all times as approved by the director, such as, movement detectors, automatic signal device, intrusion alert, closed circuit television monitoring, or similar type of security systems.
Deadline to register	Within 10 calendar days of the date of the notice to register. Applies: Applies when the director determines the property is subject to the chapter. § 17.38.300 · code text If the director determines that a property is subject to this chapter, director shall send a notice and require the owner of any vacant or abandoned building or structure to register the property into the neglected vacant or abandoned building monitoring program within ten calendar days of the date of the notice to register.
Registration	Registration is required. Applies: Owner of a vacant or abandoned building or structure required to register in the neglected vacant or abandoned building monitoring program. § 17.38.310 · code text The owner of a vacant or abandoned building or structure which is required to register in the neglected vacant or abandoned building monitoring program pursuant to this chapter shall be registered in accordance with the requirements of this section. Include beneficiary or trustee information. Applies: Applies when a notice of default has been issued. § 17.38.310 · code text If a notice of default has been issued, the name, address, and phone number of the beneficiary or trustee on the deed of trust shall be included.

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

Homeowners behind on a loanBuyers of bank-owned homesLenders and servicers

Frequently asked questions

Must a lender or owner register a vacant or foreclosed home in San Jose?

The owner must register within 10 calendar days of the notice to register, when the director determines the property is subject to the chapter. A responsible agent is required when the owner lives more than 60 miles away; within 60 miles the owner may serve as agent. A building boarded voluntarily or through city enforcement must be rehabilitated for occupancy within 180 calendar days after boarding, unless an exception applies. Vacant or abandoned property needs secured openings, one operable door, locked locks and a weather-resistant sign at least 18" x 24" with contact information.

General information, not legal advice.

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