Foreclosure Posting Requirements
Foreclosure is by non-judicial process. Once a mortgage is in default by at least thirty-five (35) days, the lender
may commence foreclosure by appointing a successor trustee. The Trustee records a Notice of Default with the
County Recorder and sends it by mail to the borrower, any other parties on title or guarantors, and any party
requesting notice. The Trustee must also post the Notice of Default on the property within three (3) days. Along
with the Notice of Default, the Trustee must provide the borrower with a mediation election form. If mediation is
selected, that process must be completed before the sale, but the lender cannot be compelled to modify the loan,
merely participate in the mediation. Three (3) months after the Notice of Default is recorded and sent, the Trustee
may set a sale date. At least sixty (60) days before any sale, warning notices must be served on the borrower and on
the property for tenants. The Notice of Sale must be served on the borrower (generally by personal service) twenty
(20) days before the sale, sent to any tenants, posted on the property, posted in three public places, and published in
a general newspaper for three (3) consecutive weeks.
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 only at the county courthouse.
Foreclosure Timeline:
Timeline Step | Days for Step | Total Days |
---|---|---|
Appointment of successor trustee | 1 | 1 |
Record Notice of Default | 1 | 1 |
Serve NOD and mediation election form – Allow reinstatement period to run | 90 | 91 |
Serve warning notice (60 days prior to sale) | 1 | 1 |
Record Notice of Sale, Publish, Serve | 21 | 112 |
Sale | 1 | 113 |
(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)