Foreclosure Posting Requirements
The notice of trustee’s sale shall be published in a newspaper of general circulation in each county in which the
trust property to be sold is located, and such notice shall be published at least once a week for four consecutive
weeks. The last date of publication shall not be less than 10 days prior to the date of sale. The cost of publication
varies, based upon the length of the legal description and the county where the notice is being published. The notice
of trustee’s sale must also be posted at least 20 days before the date of sale in some conspicuous space on the trust
property to be sold, and at one place provided for posting public notices at the superior courthouse in the county
where the trust property is located.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the direction is as vague as “any public place within the county in which the property is located.” Other times, the statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Judicial foreclosure sales can only take place at the county courthouse. Non-judicial foreclosure sales take place at the property, the courthouse or the trustee’s office. Bidders must provide a refundable $10,000 deposit to bid.
Foreclosure Timeline:
| Timeline Step | Days for Step | Total Days |
|---|---|---|
| Open file; order Trustee’s Sale Guarantee report; prepare and send statement of Breach and Notice of Substitution of Trustee to client if not received with foreclosure file | 1 | 1 |
| Review of Trustee’s Sale Guarantee report by processor and second review by attorney as soon as TSG is received from file company | 7 | 8 |
| Set Trustee’s Sale; record Notices of Trustee’s Sale and order title bring down | 2 | 10 |
| Mail Notices to required/interested person(s) (must be done within 5 days of recording Notice of Trustee’s Sale) | 4 | 14 |
| Send notice to publisher for publishing, and send Notice for posting | 41 | 55 |
| Request IRS bring down 30 days before scheduled Trustee Sale | 13 | 68 |
| Send special notice to IRS, if necessary, for liens filed more than 30 days before scheduled Trustee’s Sale | 7 | 75 |
| Send Grant Deed to client and request bid figures | 5 | 80 |
| Prepare for Trustee’s Sale, and prepare bid for Trustee’s Sale | 12 | 92 |
| Conduct Trustee’s Sale; send Trustee’s Deed to title company; order title policy and send copies and billing to client | 10 | 102 |
| Send Grant Deed to title company to record and order Title Policy when notified by client, if FHA or conventional loan; prepare title package and deliver to VA or FHA, and send copies to client with title company billing for title policy | 1 | 115 |
(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)