Foreclosure Posting Requirements
All foreclosures are Judicial. After the complaint is filed and served by personal service or publication of personal
service fails, the borrower has twenty (20) days to contest the complaint or a default judgment is issued. Once the
judgment is final (ten (10) days after issuance), the Notice of Sale is published for three consecutive weeks, the last
of which must fall between seven (7) and fourteen (14) days prior to the sale. Once a sale is completed, the
borrower may redeem the property by paying an amount equal to the highest bid plus interest. The redemption
period is between three (3) and twelve (12) months. The borrower may possess the property during the redemption
period. Deficiency awards are available, but must include a confirmation of sale.
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. Foreclosure sales can be
conducted at public auction held at the front door of a courthouse of the superior court in the judicial district where
the property is located, unless the deed of trust specifically provides that the sale shall be held in a different place.
Foreclosure Timeline:
Step | Days for Step | Total Days |
---|---|---|
Complaint is filed and served | 10-30 | 10-30 |
Answer period | 20 | 30-50 |
Entry of Order of Judgment and becomes final | 11 | 41-61 |
Publication | 15-21 | 56-82 |
Sale | 1 | 57-83 |
Redemption | 90-365 | 147-448 |
(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)