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What Is A Trustee's Sale In The Mortgage Foreclosure Process?

Aug 8, 2008
There are certain steps that a lender can undertake when the mortgage foreclosure has started. One of the main steps is called the trustee's sale or sheriff's sale. In states that use deeds of trust, this process is called non-judicial foreclosure.

For example, the borrower misses a payment on his loan after the typical grace period of 15 days. At which point, he becomes delinquent on his mortgage loan. And primarily because of the fact that foreclosures can be very costly to the lenders, they would rather collect the payment rather than take back the property involved. Many lenders would be happy to work on an agreement with the borrower for a specified period just to put him back on the paying track. Such time period lasts for 60-90 days at most. If an agreement is still not reached after that time, the lender would proceed to the filing the notice of default. This is also the next step in the foreclosure process.

At this point, the lenders stop working with the borrower or homeowner. They would initiate the legal steps of foreclosing the property. The lenders would file the notice from the recorder's office where the property is located. They would mail a copy of it to the borrower. Different states call this document with other names but its essence stays the same. The borrower will have the choice to reinstate his loan. That is, if he can pay the outstanding balance from the time he becomes deficient. This includes the back payments and late fees. If the homeowner is able to pay all of them, the foreclosure process would be stopped and everything is brought back to current. This means that borrower is back at good standing and he can continue with the remainder of the mortgage. However, if the homeowner can't pay it off, then the next step is for the lender to force a sale of the property or execute a trustee's sale.

Here, the property will be sold off to a public auction through the intervention of a bank so that the losses on the property can be reinstated. Interested people would bid on the property with the reserve amount being the full unpaid balance of the homeowner. If there's a bid, the winner would be given sufficient time to raise the money and buy the property. The ownership of the property would then be transferred to the new buyer via the power of the trustee's sale.
About the Author
Sal provides information about the mortgage foreclosure process through his website on the mortgage foreclosure process guide .
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