Non-Judicial Foreclosure

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.