- Who sends it
- The trustee or the lender, usually recorded with your county and mailed to you
- What it starts
- A state waiting period before a sale can be noticed
- Do this first
- Write down the recording date and call your servicer and a housing counselor
What this document is
In a nonjudicial foreclosure, a trustee sells the home under the power of sale in your deed of trust, without a lawsuit. In several of those states, the first official step is a notice of default that is recorded in the county land records and then mailed to you. It says what the default is and that the lender has chosen to sell.
Federal rules generally bar the first notice or filing required for a foreclosure until you are more than 120 days behind, so a recorded notice of default usually comes after that point.
Some servicers also use the words "notice of default" for an earlier letter that says you are behind. That kind of letter is covered on the breach letter page. If your notice says it was recorded, or mentions a trustee and an election to sell, it is the document on this page.
What it does and does not mean
- It does not mean the home has been sold or that you must move. A separate notice of sale has to come first.
- It does start a clock. Each state sets a minimum time between the notice of default and the sale, and many let you catch up during that time.
- If your servicer receives a complete loss mitigation application more than 37 days before a sale, it must review you within 30 days and cannot hold the sale while that review, any appeal and your time to accept are running.
States that use a notice of default, and the clock it starts
- Alaska: recorded at least 30 days after the default and at least 90 days before the sale; it states the sale date and how to cure.
- Arkansas: notice of default and intention to sell; the sale cannot be sooner than 60 days after recording.
- California: recorded and mailed within 10 business days; the 3-month clock runs from the recording date.
- District of Columbia: Notice of Default on Residential Mortgage (Form FM-1) on the out-of-court route; you have 30 days from mailing to return the mediation forms.
- Hawaii: notice of default and intention to foreclose, in power of sale cases only; at least 60 days to cure, and 30-day deadlines to ask for dispute resolution or move the case to court.
- Idaho: your right to catch up runs for 115 days from the recording date.
- Nebraska: you have 1 month from recording to cure by paying the past-due amount and limited fees.
- Nevada: Notice of Default and Election to Sell; the 3-month clock runs from recording, and you have 30 days after service to ask for mediation.
- Oregon: notice of default and election to sell, recorded with proof of the resolution conference program or an exemption.
- Texas: notice of default mailed by certified mail, with at least 20 days to cure before a sale can be noticed.
- Utah: starts a three-month period before a sale can be noticed; a copy is mailed within 10 days.
- Washington: at least 30 days before a notice of sale; it tells you a counselor or attorney can refer you to mediation.
- Michigan: a notice of default and intent to foreclose is used only when the lender plans to treat the home as abandoned.
What to do this week
- Write down the recording date and the date the notice reached you. Your state's clock usually runs from recording.
- Ask your servicer, in writing, for a reinstatement figure and the last day you can reinstate. See reinstatement.
- Send a complete loss mitigation application now, while the sale is still well over 37 days away.
- If your state offers mediation, check the deadline today. See mediation notices.
- Call a free HUD-approved housing counselor at (800) 569-4287 and legal aid in your state. Read how to stop a foreclosure on your state's page.
- Use the deadline calculator to map your dates.
Scams that follow a recorded notice
A recorded notice is public, so you may suddenly get letters and visits from people offering to save your home or buy it. Watch for:
- Anyone who asks for a fee before you have signed an agreement with your servicer. A company that is not your lawyer cannot charge for mortgage relief until then.
- Anyone who tells you to stop talking to your servicer, your housing counselor or your lawyer.
- Anyone who wants payment by wire, cashier's check or a payment app, or who asks you to sign over your deed.
- Anyone who says they are with the government or your lender without proof. Call the number on your own statement or letter to check.
Some states print a warning about rescue scams with this notice. Idaho, for example, attaches a separate page in bold type. See foreclosure rescue scams.
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
Can I still save my home after a notice of default?
Often yes. Many states let you catch up during the waiting period, and you can still apply for loss mitigation, use mediation where it exists, or file Chapter 13 bankruptcy before a sale. See the options on your state's page.
I never got the mailed copy. Is the foreclosure invalid?
Not necessarily. Some states say the notice is still valid if you do not pick up certified mail. If you think notice rules were broken, talk to a lawyer or legal aid quickly.
How do I know when the sale will be?
In most states the sale date comes later, in the notice of sale. In Alaska the notice of default itself states the sale date. Call the trustee named on the notice to check the status.
Keep reading
- Late notice and early intervention letterThis letter is a warning, not a foreclosure. Federal rules make your servicer reach out early and tell you about help. In most cases a foreclosure cannot start until you are more than 120 days behind, so this is the best time to act.
- Breach letter (demand or notice of intent to accelerate)A breach letter says you are in default and gives you a date to catch up. If you do not, the lender can call the whole loan due and move toward foreclosure. Many standard mortgages and deeds of trust require at least 30 days to cure.
- Notice of intent to forecloseMany states make the lender send a warning letter before it can start a foreclosure. These letters often give you a set number of days, a cure amount and a list of free counselors. The deadline in the letter matters, so act on it now.
- Lis pendens (notice of pendency)A lis pendens is a public notice, filed in the land records, that a lawsuit or foreclosure affecting your home is pending. It does not mean the home is sold or that you must move. It usually means the court papers are coming or have already been served.
- Foreclosure summons and complaintA summons and complaint means the lender has sued to foreclose. You have a short, firm deadline to respond in writing, often 20 to 30 days from the day you were served. Missing it can let the lender win without your side being heard.
- Notice of trustee's saleA notice of sale sets the date, time and place your home will be auctioned. It is serious, but it is not the end. You may still be able to catch up, get a review, use mediation or file bankruptcy, and each of those has its own cutoff.