Record Flag

Notice of trustee's sale

The notice that sets the date, time and place of a trustee's foreclosure auction.

A notice of trustee's sale announces that a property will be sold at a foreclosure auction, and when and where. It's used where a trustee can sell without a court case, which includes California and Texas.

California. The trustee can give it once at least three months have passed since the notice of default was recorded. At least 20 days before the sale, the notice has to be recorded with the county recorder, posted on the property and in a public place, and published in a newspaper once a week for three weeks. It lists the parcel number, the trustee's contact details, the unpaid balance with estimated costs, and the sale's date, time and place. Sales are often postponed, sometimes many times, so the date on the notice is a starting point. How California foreclosure works

Texas. Usually titled "Notice of Substitute Trustee's Sale." It has to be posted at the courthouse door, filed with the county clerk and mailed to the borrowers at least 21 days before the sale, which is always on a first Tuesday. Counties post the filed notices on their websites. In Texas this is usually the first public record of a foreclosure. How Texas foreclosure works

The trustee named on the notice, along with a contact address, is the one to ask whether a sale is still on.

Related terms

All glossary terms

Sources