Foreclosure Posting Requirements
At least 30 days prior to setting a trustee’s sale, the beneficiary or trustee must mail a Notice of Default to the
grantor or his successor in interest, both by first class and certified or registered mail and either post the notice of
default on the premises or personally serve notice on the grantor or his successors in interest. The Notice of Default
identifies the deed of trust to be foreclosed and the nature of the default. The notice of the default must also give an
itemized account of the rearrange, including foreclosure fees and costs. After 30 days have elapsed from the
mailing and posting or serving of the Notice of Default, and at least 90 days prior to the sale, the trustee must mail
a Notice of Trustee’s Sale. This notice is mailed, posted, and recorded with the county auditor. The Notice of
Trustee’s Sale is also published twice during the last 35 days before the sale. The notice of trustee’s sale states the
foreclosure sale date. The date cannot be less than 90 days from the date the notice is recorded, mailed, and posted
on the property. The Notice of Trustee’s Sale must be mailed by certified and first class mail to each person
appearing on the title of the records as having a claim or interest in the property and to anyone who properly
requests it. In a judicial foreclosure, the sheriff is responsible for publication of the notices and holding the sale.
The plaintiff lender is responsible for furnishing the sheriff with bidding instructions.
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 in any public place within the county in which the property is located.
Foreclosure Timeline:
| Timeline Step | Days for Step | Total Days |
|---|---|---|
| Loan referred/file received | 1 | 1 |
| Trustee Sale Guarantee report ordered, NOD mailed and posted on the property 30 days before Notice of Sale | 1-3 | 4 |
| Trustee Sale Guarantee report received and reviewed, Substitution of Trustee prepared | 30 | 34 |
| Substitution of Trustee received/recorded, Notice of Sale recorded, posted and mailed 90 days prior to sale; sale date set; Warranty Deed sent to lender (HUD/VA) | 1-5 | 39 |
| Publication period | 90 | 129 |
| Publication (2 of 2) completed request bidding instructions | 1-5 | 134 |
| Sale held | 1 | 135 |
| Deed recorded | 5-15 | 140-150 |
(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)