Affidavit of Publication
The sworn statement from the newspaper confirming the legal notice was published — required in publication states for non-judicial foreclosure.
An Affidavit of Publication is a sworn statement from the newspaper (typically signed by the newspaper's publisher, editor, or legal clerk) confirming that the required legal notice (Notice of Trustee Sale, Notice of Sale, Notice of Foreclosure) was published in the newspaper for the required number of times and on the specified dates. In non-judicial foreclosure states that require publication (many do — CA, NV, AZ, GA, and others), the Notice of Sale must be published: typically once a week for 3-4 consecutive weeks in a newspaper of general circulation in the county where the property is located. The Affidavit of Publication is the proof that the publication requirement was satisfied. Defects in publication — publication in the wrong newspaper (not a newspaper of general circulation), insufficient number of publications, or publication on the wrong dates — can be challenged.
Purpose
- 1Prove that the required legal notice was published in compliance with state publication statutes
- 2Document the newspaper, dates of publication, and number of publications
- 3Create a sworn record of publication compliance for the court or county records
Who Prepares It
The newspaper's publisher, editor, or legal clerk prepares and signs the Affidavit of Publication. The foreclosure trustee or attorney arranges for publication and receives the affidavit.
When It Is Used
In non-judicial foreclosure states: after the Notice of Trustee Sale has been published the required number of times (typically 3-4 weeks). The affidavit is recorded or filed as proof of compliance.
Legal Effect
The Affidavit of Publication is prima facie evidence that the notice was published as required. A defective publication (wrong newspaper, wrong dates, insufficient publications) may be grounds for pre-sale TRO or post-sale set-aside. Publication defects are STRICT compliance issues — the notice component must exactly comply with the statute.
Common Mistakes
Homeowner Rights
Other Affidavits & Declarations Documents
Hardship Affidavit (RMA Form 710)
The sworn statement explaining your financial hardship — the single most important document in any loss mitigation application.
Occupancy Affidavit
The sworn statement verifying property occupancy status — owner-occupied, tenant-occupied, or vacant — critical for loss mitigation and foreclosure procedures.
Military Affidavit — SCRA Compliance
The sworn statement confirming whether the homeowner is in active military service — required in ALL foreclosures but frequently flawed.
Affidavit of Mailing / Certificate of Service
The sworn statement confirming that the required notices were mailed — non-compliance with mailing requirements can void a foreclosure.
Affidavit of Service / Return of Service
The sworn statement by the process server confirming personal or substituted service of the foreclosure complaint.
Frequently Asked Questions
What qualifies as a 'newspaper of general circulation'?▼
A newspaper of general circulation is a publication that: (1) is published at regular intervals (daily, weekly), (2) contains news of general interest (not just legal notices), (3) has a bona fide subscription list, and (4) is circulated in the county where the property is located. Some courts have found that newspapers that exist solely to publish legal notices do NOT qualify. If the newspaper appears to be a 'legal notice only' paper (no news, no subscribers, no community circulation), challenge the affidavit on grounds of insufficient publication.
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