What is notice of sale?
A notice of sale is a formal public announcement that a property will be sold at a foreclosure auction on a specific date, time, and location. Required in non-judicial foreclosure states, the notice must be delivered and made public within timeframes and in ways set by state law. It represents the final step before the foreclosure sale.
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Key facts
- In non-judicial foreclosure states, the notice of sale is the final required notice before the auction — once published, the countdown to sale begins (typically 21 to 90 days depending on the state).
- State laws dictate how the notice must be delivered: newspaper publication (most common), posting on the property, posting at the courthouse, certified mail to the borrower, or a combination of all four.
- The notice of sale must include specific information: the borrower's name, property address, legal description, sale date/time/location, amount owed, and the trustee's contact information.
- In judicial foreclosure states, the equivalent notice is issued by the court or sheriff after the court enters a judgment of foreclosure — it serves the same function but originates from the court system.
- Filing a loss mitigation application or bankruptcy petition before the sale date can postpone or cancel the noticed sale under federal Regulation X and Bankruptcy Code § 362.
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When Is a Notice of Sale Issued?
The notice of sale comes after earlier foreclosure notices and represents the final stage before the property is actually auctioned. In the non-judicial foreclosure timeline:
- Missed payments (Day 1-120): The borrower falls behind. Federal law prohibits foreclosure filing during this period.
- Notice of default (NOD): The lender records a public notice that the borrower is in default. A cure period begins.
- Notice of sale (NOS): After the cure period expires without resolution, the lender or trustee files the notice of sale scheduling the auction.
- Foreclosure sale: The auction takes place on the date specified in the notice.
In judicial foreclosure states, the court issues an equivalent order or writ of sale after entering a judgment of foreclosure. The sheriff or court officer then publishes notice of the sheriff's sale.
What Must a Notice of Sale Include?
State laws mandate specific information in every notice of sale. While exact requirements vary, most states require:
- Property identification: Street address and legal description (lot/block, metes and bounds, or other recorded description)
- Borrower identification: Name(s) of the borrower(s) and current property owner(s)
- Sale details: Date, time, and physical location of the auction
- Debt information: Amount owed or a statement that the full amount will be due at sale
- Trustee/official: Name and contact information of the trustee or official conducting the sale
- Right to cure: Statement of the borrower's right to cure the default before the sale date (if applicable in the state)
How Can a Homeowner Respond to a Notice of Sale?
Receiving a notice of sale does not mean the sale is inevitable. Homeowners still have options at this stage:
- Cure the default: Reinstatement requires paying all past-due amounts and permitted fees and costs and curing other defaults by the applicable reinstatement deadline, which can be before the sale date. Most states allow reinstatement up to a deadline near the sale date.
- Apply for loss mitigation: Under federal Regulation X, if a complete loss mitigation application is received more than 37 days before the sale, the servicer must evaluate it before proceeding.
- File for bankruptcy: A bankruptcy filing usually puts an automatic stay in place under § 362 that can pause the sale. The stay can be short or missing if you had a case dismissed in the past year (§ 362(c)(3)-(4)), and the bankruptcy court can lift it at the lender's request.
- Negotiate a short sale: Sell the home to a third party for less than the amount owed, with the lender's approval.
- Challenge the notice: If the notice contains errors (wrong property, incorrect amounts, insufficient publication) or if proper procedures weren't followed, the sale may be challenged in court.
State-by-state differences
Notice of sale requirements — including publication method, timing, content, and delivery — vary significantly by state. Some states require as little as 21 days' notice; others require 90 or more.
| State | Key difference |
|---|---|
| California | Notice of sale must be recorded with the county, mailed to the borrower, posted on the property, and published in a newspaper. Minimum 21 days between recording and sale. 3 consecutive weeks of publication required. |
| Georgia | Notice published in the county legal gazette for 4 consecutive weeks. Sale on the first Tuesday of the month. Notice mailed to borrower at least 30 days before sale. One of the shortest notice periods. |
| Texas | 21-day notice by certified mail plus posting at the courthouse door and filing with the county clerk. Sale on the first Tuesday of the month between 10 AM and 4 PM at the county courthouse. |
| Oregon | After a notice of default is recorded, notice of sale must be served or mailed at least 120 days before sale and published. Published once a week for 4 consecutive weeks. |
| Washington | Notice of trustee's sale recorded and mailed at least 90 days before sale, or at least 120 days if the letter under RCW 61.24.031 is required. Published twice in a legal newspaper in each county where the property is located: once 28 to 35 days before sale and once 7 to 14 days before sale. Posted on the property, or served on an occupant instead, at least 90 days before sale, or at least 120 days if the letter under RCW 61.24.031 is required. |
Questions about notice of sale
How much time do I have after receiving a notice of sale?
It depends on your state. In Texas, the minimum is 21 days between notice and sale. In California, the sale can occur at least 21 days after the notice of sale is recorded. Oregon requires 120 days for residential properties. The notice itself will specify the exact sale date — count backward from that date to determine your remaining time.
Is a notice of sale the same as a notice of default?
No. A notice of default (NOD) is issued earlier in the process to inform the borrower they are behind on payments and starts a cure period. A notice of sale comes later — after the cure period expires — and schedules the actual auction date. The NOD warns; the NOS sets the sale.
Can a notice of sale be cancelled or postponed?
Yes. The lender or trustee can postpone the sale (often announced at the auction and rescheduled). The sale can be cancelled if the borrower cures the default, completes a loan modification, files for bankruptcy, or arranges a short sale. Some states limit how many times a sale can be postponed.
Does receiving a notice of sale mean I have to leave my home?
No. You have the legal right to remain in your home until the foreclosure sale is completed and, depending on your state, through any post-sale redemption period. A notice of sale is not an eviction notice — it announces a future auction date.
What if the notice of sale has errors or wasn't properly delivered?
Defective notice can be grounds to challenge and potentially void the sale. Common defects include wrong property description, insufficient publication, failure to mail to the borrower, or not meeting timing requirements. Consult a foreclosure defense attorney to evaluate the notice.
Related terms
- Notice of DefaultA formal notice stating that the borrower is in default under a mortgage.
- Foreclosure SaleThe public auction where a home is sold at the end of a foreclosure. The highest bidder, which can be the lender, gets the home.
- Pre-ForeclosureThe time after you've fallen behind on the mortgage and before a foreclosure sale. You still own the home.
- Power of SaleA clause in a mortgage or deed of trust that authorizes a nonjudicial foreclosure sale.
- TrusteeA neutral third party who handles the foreclosure sale in non-judicial foreclosure states. Also manages bankruptcy cases.
- Non-Judicial ForeclosureA foreclosure done without a court case, by the written notices required under a power-of-sale clause, ending in an auction.
- ForeclosureThe legal process where a lender takes your home after you stop making mortgage payments. The process and timeline vary significantly by state.
- Lis PendensA public notice filed with the county that a lawsuit (including foreclosure) has been filed involving a specific property.
Sources and method
- CFPB — Mortgage Servicing Rules (Regulation X), at consumerfinance.gov
- Cornell Law Institute — Foreclosure, at law.cornell.edu
- Nolo — Notice of Sale in Foreclosure, at nolo.com
- National Consumer Law Center — Foreclosures, at nclc.org
- Texas State Law Library, at guides.sll.texas.gov
- Revised Code of Washington, at app.leg.wa.gov
- California Courts Self-Help, at selfhelp.courts.ca.gov
- Oregon Revised Statutes, at oregonlegislature.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.