Foreclosure Posting Requirements

Foreclosures are generally by non-judicial process. Once a Substitute Trustee has been appointed, the Trustee
records a Notice of Default and Intention to Sell with the County Recorder. Within thirty (30) days, a copy of the
Notice of Default must be mailed, by both first class and certified, to the borrower, any successor in interest to the
mortgagor/grantor, junior lien interest holders, and any requesting notice. Additional notice must be provided
through publication for four (4) weeks in a newspaper of general circulation (county or state), through posting at the
Courthouse where sales generally are advertised or take place, and via a website. The last of the four (4) published
notices must be timed to fall within ten (10) days of the sale date. Once all notice requirements have been satisfied
and sixty (60) days has elapsed from the recordation of the Notice, the sale may commence. Prior to the sale, the
Trustee must file an affidavit that notices requirements have all been satisfied. If a mortgage default is cured during
the process, the Trustee must file a cancellation of the Notice of Default with the County Recorder.

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:

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)