Montclair · Foreclosure & auctions

Foreclosure and auctions in Montclair

Montclair requires the beneficiary and trustee to register abandoned or vacant property within 10 calendar days of the inspection, and to re-register within 10 calendar days of a title transfer. Foreclosure timelines and auction rules come from state law.

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Key points

Registration: The beneficiary and trustee must register property found abandoned or showing signs of vacancy within 10 calendar days of the inspection.
Fees: An annual fee may be set by City Council resolution and is valid for one year; re-registration after transfer has its own fee.
Securing: The property must be secured within 72 hours; boarding needs prior written approval and must meet HUD and local standards.
Police letter: Responsible parties submit a letter of agency to the Montclair Police Department every 30 calendar days and post approved No Trespassing signs.
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 Montclair 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

Montclair code What Montclair's code adds
Local contact	The registration form must give the name, address and phone numbers of a local property management company. Applies: Beneficiary and trustee registering an abandoned or vacant property. § 10.46.040 · code text The name, street address, and telephone and facsimile numbers of a local property management company responsible for the security, maintenance, and/or marketing of the real property.
Upkeep duties	Keep the property neat, clean and healthful: remove graffiti, tagging and other markings (or paint over them to match); no exterior accumulations of lumber, junk, trash, debris, construction material, furniture, appliances, clothing or discarded personal property; no overgrown, dead or decaying vegetation; keep pools, spas and other water free of pollutants, debris and insect breeding; secure accessible property and structures Applies: Real property subject to registration under this chapter § 10.46.060 · code text Real property subject to the registration requirements of this chapter shall be maintained in a neat, clean, and healthful condition at all times. Secure within 72 hours by closing, locking or boarding windows, doors, gates or openings a child could use. Boarding needs prior written approval and must meet HUD and local standards. Applies: Applies when the property becomes abandoned or vacant, or shows signs of vacancy. § 10.46.070 · code text Real properties that are subject to registration pursuant to this chapter (and buildings or structures thereon) shall be secured within 72 hours of becoming abandoned, vacant, or showing evidence of vacancy Submit a letter of agency to the Montclair Police Department every 30 calendar days and post approved No Trespassing signs. Applies: Applies to responsible parties for real property subject to registration under this chapter. § 10.46.070 · code text Responsible parties for any real property subject to registration pursuant to this chapter shall submit a "letter of agency" (or other similarly entitled authorization) to the Montclair Police Department every 30 calendar days and post "No Trespassing" signs
Deadline to register	Within 10 calendar days of the inspection. Applies: Beneficiary and trustee, when the inspection before a notice of default is recorded finds the property abandoned or showing signs of vacancy. § 10.46.040 · code text the beneficiary and trustee shall register the real property with the City, on City-approved forms, within ten (10) calendar days of the inspection Within 10 calendar days of the inspection. Applies: Beneficiary and trustee, when a property that was occupied but stays in default (inspected monthly) is found vacant or showing signs of vacancy. § 10.46.040 · code text the beneficiary and trustee shall register the real property with the City within 10 calendar days of said inspection. Within 10 calendar days of the inspection showing the vacancy or signs of vacancy. Applies: Beneficiary and trustee, when a property becomes vacant or shows signs of vacancy after foreclosure or transfer under a deed in lieu of foreclosure or sale. § 10.46.040 · code text Registration shall be filed on City-approved forms within 10 calendar days of the inspection demonstrating the vacancy or the evidence of vacancy. Within 10 calendar days of the transfer. Applies: Applies when title to abandoned or vacant property is transferred to another responsible party. § 10.46.040 · code text the responsible party shall reregister the real property with the City on City-approved forms within 10 calendar days of the transfer.
Registration fee	An annual registration fee that City Council resolution may set. Applies: Applies to initial registration. § 10.46.040 · code text pay an annual registration fee as may be set by City Council resolution; such fee to accompany the registration form. Valid for one year. Applies: Applies to the initial registration fee. § 10.46.040 · code text Any such fee shall be valid for one year and shall be subject to renewal on each subsequent anniversary date. A re-registration fee that City Council resolution may set. Applies: Applies to re-registration after title transfers to another responsible party. § 10.46.040 · code text A reregistration fee as may be set by City Council resolution shall accompany the reregistration form.
Registration	Registration is required. Applies: Beneficiary and trustee holding a deed of trust, when the inspection before a notice of default is recorded finds the property abandoned or showing signs of vacancy. § 10.46.040 · code text If the property is found to be abandoned or shows evidence of vacancy (as these terms are defined by this chapter), the beneficiary and trustee shall register the real property with the City Registration is required. Applies: Beneficiary and trustee, when a property that was occupied but stays in default is later found vacant or showing signs of vacancy at a monthly inspection. § 10.46.040 · code text The real property is found to be vacant or shows signs of vacancy, at which time the beneficiary and trustee shall register the real property with the City within 10 calendar days of said inspection. Registration is required. Applies: Beneficiary and trustee, when the property becomes vacant or shows signs of vacancy after a foreclosure that transferred title to the beneficiary. § 10.46.040 · code text The beneficiary and trustee shall register with the City any real property which becomes vacant or shows evidence of vacancy after a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure Registration is required. Applies: Beneficiary and trustee, when the property becomes vacant or shows signs of vacancy after a transfer under a deed in lieu of foreclosure or sale. § 10.46.040 · code text and any property that becomes vacant or shows evidence of vacancy after being transferred under a deed in lieu of foreclosure/sale.

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 Montclair?

The beneficiary and trustee must register property found abandoned or showing signs of vacancy within 10 calendar days of the inspection. An annual fee may be set by City Council resolution and is valid for one year; re-registration after transfer has its own fee. The property must be secured within 72 hours; boarding needs prior written approval and must meet HUD and local standards. Responsible parties submit a letter of agency to the Montclair Police Department every 30 calendar days and post approved No Trespassing signs.

General information, not legal advice.

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