Notice of Trustee Sale
The second formal notice in non-judicial foreclosure — the document that sets the sale date and time.
A Notice of Trustee Sale is the SECOND formal notice in a non-judicial foreclosure process. After the reinstatement period following the NOD has expired, the Trustee records, mails, posts, and (in some states) publishes the Notice of Trustee Sale. It specifies: the date, time, and location of the trustee's sale (typically on the county courthouse steps), the property address and legal description, the Trustee's contact information, and (in some states) the estimated opening bid. After recording, the sale date is typically set 21-30 days out (state-dependent). The Notice of Trustee Sale is subject to strict statutory requirements — defects in the notice or its service may be grounds for pre-sale challenge and TRO.
Purpose
- 1Set the date, time, and location of the non-judicial foreclosure sale
- 2Provide formal notice to the borrower, junior lienholders, and the public
- 3Establish the deadline for reinstatement (typically 5 days before the sale)
- 4Comply with state non-judicial foreclosure statutes
Who Prepares It
The Trustee (or the lender's foreclosure attorney on behalf of the Trustee) prepares, records, mails, posts, and (in some states) publishes the Notice of Trustee Sale.
When It Is Used
Recorded after the NOD reinstatement period has expired (typically 90-120 days after NOD). Sets the sale date 21-30 days out (state-dependent).
Legal Effect
The Notice of Trustee Sale sets the date on which the Trustee will sell the property at public auction. It does NOT transfer title — the Trustee's Deed does. The sale extinguishes the borrower's interest (subject to redemption rights in some states). The sale may be stopped by: cure/reinstatement (by the reinstatement deadline, typically 5 days before sale), a TRO/Injunction (court order), bankruptcy filing (automatic stay), or a complete loss mitigation application (dual tracking protection).
Common Mistakes
Homeowner Rights
Other Foreclosure Sale Documents
Frequently Asked Questions
Is the Notice of Trustee Sale the same in every state?▼
No. Each non-judicial foreclosure state has its own requirements: timing (how far in advance must the Notice be recorded, mailed, posted, published?), content (what must the Notice contain?), service methods (certified mail? regular mail? posting on the property? publication in a newspaper?), and number of publications (once? once a week for 3 weeks?). Non-compliance with state requirements may void the sale. Check your state's specific non-judicial foreclosure statutes.
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