The following is a general list of items that potentially must be confirmed in states where, in practice, the title examiner reviews the elements of the non-judicial foreclosure foreclosure process.
• Mortgage instrument contains a Power of Sale provision.
• Substitution of Trustee has been properly recorded (where necessary or appropriate).
• Notice of Default has been given to debtor and recorded, in accord with mortgage and statute.
• Notice of Sale has been given to appropriate parties, including the United States (if it holds a junior lien), and properly posted, in accord with mortgage and statutes.
• Advertisement in proper publication has occurred, in accord with mortgage and statute.
• Proper time periods between the events constituting the foreclosure process were respected, in accord with mortgage and statute.
• Memorandum or Certificate of Sale has been filed.
• Proof of compliance with the Soldiers’ and Sailors’ Civil Relief Act (or appropriate waiver in Security Instrument).
• Proper “Trustee’s Deed” (or similar instrument).
• Compliance with other statutory requirements.
• Satisfaction of all rights of redemption and expiration of all applicable redemption periods.