(a) Notice of sale of an interest in real property shall be in writing, shall state the date, time, and place of sale, shall describe the interest to be sold, and shall give a legal description of the real property and its street address or other common designation, if any. If the real property has no street address or other common designation, the notice of sale shall include a statement that directions to its location may be obtained from the levying officer upon oral or written request or, in the discretion of the levying officer, the notice of sale may contain directions to its location. Directions are sufficient if information as to the location of the real property is given by reference to the direction and approximate distance from the nearest crossroads, frontage road, or access road. If an accurate legal description of the real property is given, the validity of the notice and sale is not affected by the fact that the street address or other common designation, or directions to its location, are erroneous or omitted.
§ 701.540.Notice of Sale of Interest In Real Property
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 6. Sale and Collection · Last amended 2017 · Last verified July 28, 2026
In one sentenceSection 701.540 requires notice of a real property sale, with a legal description and directions if needed, to be served on the debtor, posted at the property and locally, published in a newspaper, and mailed to recorded lienholders, all at least twenty days before the sale.
Full Text of § 701.540
(b) Not less than 20 days before the date of sale, notice of sale of an interest in real property shall be served, mailed, and posted by the levying officer as provided in subdivisions (c), (d), (e), and (f).
(c) Notice of sale shall be served on the judgment debtor. Service shall be made personally or by mail.
(d) Notice of sale shall be posted in the following places:
(1) One public place in the city in which the interest in the real property is to be sold if it is to be sold in a city or, if not to be sold in a city, one public place in the county in which the interest in the real property is to be sold.
(2) A conspicuous place on the real property.
(e) At the time notice is posted pursuant to paragraph (2) of subdivision (d), notice of sale shall be served or service shall be attempted on one occupant of the real property. Service on the occupant shall be made by leaving the notice with the occupant personally or, in the occupant's absence, with any person of suitable age and discretion found upon the real property at the time service is attempted who is either an employee or agent of the occupant or a member of the occupant's household. If the levying officer is unable to serve an occupant, as specified, at the time service is attempted, the levying officer is not required to make any further attempts to serve an occupant.
(f) If the property described in the notice of sale consists of more than one distinct lot, parcel, or governmental subdivision and any of the lots, parcels, or governmental subdivisions lies with relation to any of the others so as to form one or more continuous, unbroken tracts, only one service pursuant to subdivision (e) and posting pursuant to paragraph (2) of subdivision (d) need be made as to each continuous, unbroken tract.
(g) Notice of sale shall be published pursuant to Section 6063 of the Government Code, with the first publication at least 20 days prior to the time of sale, in a newspaper of general circulation published in the city in which the real property or a part thereof is situated if any part thereof is situated in a city or, if not, in a newspaper of general circulation published in the public notice district in which the real property or a part thereof is situated. If no newspaper of general circulation is published in the city or public notice district, notice of sale shall be published in a newspaper of general circulation in the county in which the real property or a part thereof is situated.
(h) Not earlier than 30 days after the date of levy, the judgment creditor shall determine the names of all persons having liens on the real property on the date of levy that are of record in the office of the county recorder and shall instruct the levying officer to mail notice of sale to each lienholder at the address used by the county recorder for the return of the instrument creating the lien after recording. The levying officer shall mail notice to each lienholder, at the address given in the instructions, not less than 20 days before the date of sale.
(i) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
Plain-English Summary
Selling an interest in real property demands broader notice than selling personal property, given the stakes and the number of people who may hold an interest. Section 701.540 requires the notice itself to state the date, time, and place of sale, describe the interest being sold, and give a legal description along with the street address or common designation, or directions to the property if it has none. An accurate legal description keeps the notice valid even if the address or directions turn out to be wrong or missing.
At least twenty days before the sale, the notice has to be served on the debtor; posted in one public place in the relevant city or county and in a conspicuous place on the property itself; served, or an attempt made, on one occupant of the property, with no further attempts required if that fails; and published under Government Code § 6063, with the first publication at least twenty days out, in a newspaper of general circulation where the property sits.
Subdivision (h) adds one more layer: within thirty days of the levy, the creditor has to identify everyone with a recorded lien on the property as of the levy date and instruct the officer to mail each of them notice at least twenty days before the sale. A single continuous tract made up of multiple parcels needs only one posting and one occupant-service attempt.
Frequently Asked Questions
How much advance notice is required for a sale of an interest in real property?
At least twenty days, covering service on the debtor, posting, publication, and mailing to recorded lienholders.
What must the notice include if the property has no street address?
A statement that directions to its location can be obtained from the levying officer, or the notice may itself include directions by reference to distance from a nearby crossroad or access road.
Does an error in the street address invalidate the sale?
No, as long as the legal description is accurate, an erroneous or omitted street address or directions doesn't affect the validity of the notice or sale.
Do recorded lienholders get separate notice of the sale?
Yes, the judgment creditor must identify them within thirty days of the levy and instruct the levying officer to mail each of them notice at least twenty days before the sale.
Where must the sale be published?
In a newspaper of general circulation in the city, or public notice district, where the property is situated, or in the county if none exists there.
Amendment History
Amended by Stats 2016 ch 703 (AB 2881),s 9, eff. 1/1/2017. Amended by Stats 2002 ch 784 (SB 1316),s 69, eff. 1/1/2003.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: notice of sale real property california