THE NOTICE OF SALE

The next step in the judicial foreclosure process is for a Notice of Sale to be given. Notices of sale must be given in the same way as Writs of Execution. Notices of Sale must contain the same information as they do with non-judicial foreclosures, and, if the judgment provides for a deficiency, it must state the sale is subject to the right of redemption and it must state the amount of the debt, plus interest and costs.

At least 20 days before the sale, the Notice of Sale must be served upon the borrower and lienholders against the property, either personally or by mail. The Notice of Sale must also be posted in a public place in the County or judicial district in which the property is located, and it must also be posted on the property itself. The Notice of Sale must also be published once a week, for at least three weeks, in a newspaper of general circulation in the County or judicial district in which the property is located. The first publication must be at least 20 days prior to the sale.

Share