- Who sends it
- The sheriff, a referee, commissioner or master, or the lender's lawyer
- What it starts
- The countdown to the court-ordered auction
- Do this first
- Confirm the date and call legal aid or a lawyer today
What this document is
In a judicial foreclosure, the lender sues and the court enters a judgment ordering the home sold. A sheriff, referee, master or court-appointed commissioner then holds the auction. The notice of sale tells you the date, time and place, and is usually advertised in a newspaper and posted at the courthouse.
In some states you will not get a copy in the mail unless you filed an appearance or answer in the case. Illinois, Ohio and New York are examples, and in Kansas and Wisconsin the newspaper notice may be the only one. That is one reason to stay in the case.
What it does and does not mean
- It does not mean you must move out today. In many states the court must confirm the sale, or the buyer must take another step, before it can take possession.
- It does mean a judgment has been entered against you. Read the judgment for any deficiency (money you may still owe after the sale) and any redemption period.
- Some states let you cure or redeem until the sale or even after it. Check your state's page.
The deadlines that still matter
- More than 37 days before the sale: a complete loss mitigation application your servicer receives bars it from moving for an order of sale or holding the sale while it reviews you, any appeal runs, and you decide on an offer.
- Before the sale: filing Chapter 13 stops the sale under the automatic stay, and a home mortgage default can be cured in Chapter 13 only until the sale is held. See Chapter 13.
- Your state's last day to cure. For example, Pennsylvania allows cure until one hour before bidding starts, and Maryland until 1 business day before the sale.
- Your state's redemption right after the sale, if any. See your state's after the sale page.
Use the deadline calculator and read a sale date is set.
How much notice each state gives
- Pennsylvania: posted on the home and served on you at least 30 days before the sale.
- Indiana: served by the sheriff at least 30 days before the sale.
- Maine: mailed at least 30 days before the sale if you appeared in the case, after the 90-day redemption period.
- Vermont: mailed after the redemption period ends and at least 30 days before the sale.
- New Jersey: mailed and posted on the sheriff's website, with the upset price posted at least 4 weeks before the sale.
- New Mexico: published for 4 weeks before the sale.
- Iowa: served at least 20 days before the sale if you live in the home.
- Delaware: delivered at least 10 days before the sale.
- Maryland: mailed 10 to 30 days before the sale and published for 3 weeks.
- Oklahoma: mailed at least 10 days before the sale.
- Kentucky: published at least once, 7 to 21 days before the sale.
- Ohio: served on parties who appeared; filed at least 7 days before the sale and advertised for 3 weeks.
- Florida: published for 2 weeks; the sale is set 20 to 35 days after judgment.
- Newspaper notice for several weeks in Hawaii, Illinois, Kansas, Louisiana, Nebraska (court foreclosures), New York, North Dakota, South Carolina and Wisconsin.
- Connecticut: many cases end in strict foreclosure with law days instead of a sale; if a sale is ordered, a committee runs it and the court must approve it.
What to do today
- Confirm the sale date with the sheriff's office or the court clerk.
- Call legal aid or a foreclosure lawyer today. Ask whether you can ask the court to stay or postpone the sale. See lawyers by city.
- Ask your servicer in writing for a reinstatement or payoff figure, and ask it to postpone the sale while you are reviewed.
- If you cannot keep the home, ask about a short sale or deed in lieu.
- Read your state's how to stop a foreclosure page for every option left.
Scams tied to a sheriff's sale
- 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.
- After the sale, companies may offer to recover "surplus funds" for a percentage. Check your state's page for how to claim surplus yourself first.
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 stop a sheriff's sale by paying?
Often yes, if you pay what your state requires by its deadline. Ask your servicer for a written reinstatement or payoff figure and confirm how and where to pay so it arrives in time.
Will I owe money after the sale?
Maybe. It depends on whether your state allows a deficiency judgment and what the judgment says. See the deficiency section on your state's page.
I never answered the lawsuit. Can I still get notice of the sale?
In some states, only parties who appeared in the case must be served. Call the sheriff or the court clerk to get the date, and file an appearance if you still can.
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 defaultIn many states that foreclose without a court, a recorded notice of default is the official start of the foreclosure. It is not a sale and not an eviction. It starts a waiting period before a sale can be set, and you can usually still catch up or apply for help.
- 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.
Sources
- 12 C.F.R. § 1024.41, loss mitigation procedures (eCFR)
- 11 U.S.C. § 362, automatic stay (govinfo)
- 11 U.S.C. § 1322, contents of a Chapter 13 plan (govinfo)
- U.S. Courts: Chapter 13 bankruptcy basics
- HUD: Avoiding foreclosure
- CFPB: Find a housing counselor
- FTC: Mortgage relief scams
- 12 C.F.R. § 1015.5, ban on advance fees for mortgage relief (eCFR)