Foreclosure Posting Requirements
Foreclosures may be under either a Judicial or Non-Judicial process. Prior to commencing foreclosure on owner
occupied property, the mortgagee must send to the borrower a Notice of Default and information on Mortgage
Prevention Assistance and Counseling. The borrower must be given at least thirty (30) days to cure the default prior
to commencing foreclosure. Foreclosure is commenced by filing a Notice if Pendency. The Notice of Sale must be
published for six (6) weeks prior to sale. The Notice of Sale must be served on the borrower at least four (4) weeks
prior to sale, along with a form notice related to Foreclosure advice (if the property is owner occupied). At the
same time, a notice to any tenant must be served on the property. If the mortgagor engages an attorney or trustee to
conduct the sale, a power of attorney must be recorded prior to the sale. After the sale, there exists a six (6) to
twelve (12) month redemption period. A deficiency award is available.
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 |
---|---|---|
Notice of Default and Assistance information sent | 30 | 30 |
Notice of Pendency recorded | 1 | 31 |
Publication period, service of notices | 36-42 | 67-73 |
Sale | 1 | 68-74 |
Redemption period | 180-365 | 248-439 |
(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)