- Who sends it
- The buyer at the trustee's sale or its lawyer; the summons comes from the court in an FED case
- What it starts
- A short court case to recover possession; the summons is served at least 2 days before trial
- Do this first
- Read the dates on the notice and summons, and call Alaska Legal Services Corporation at 1-888-478-2572 today
What this document is in Alaska
After a trustee's sale, Alaska Stat. § 34.20.090(b) says the buyer, after the trustee executes a deed, is entitled to possession as against the person who signed the deed of trust and anyone claiming through that person. The trustee may hold the deed for up to 10 days after the sale (§ 34.20.080(g)).
To recover possession through the courts, Alaska uses an action for forcible entry or detention (§ 09.45.070). With some exceptions, a person may not start that case without first giving a written notice to quit to the person in possession (§ 09.45.100(a)). The notice must be delivered to you, left at the premises if you are away, or sent by registered or certified mail (§ 09.45.100(c)).
What it does and does not mean
- A notice to quit is not a court order. It does not let anyone remove you or your things on their own. Alaska law says entry on property may only be made in a peaceable manner (§ 09.45.060).
- A notice to quit must state the reason, the date and time your right to stay ends, direct you to leave by then, and say the owner may start a civil action if you stay (§ 09.45.105).
- It does not undo the sale. Unless the trustee rescinded it within 10 days, the sale completely ends your rights in the property (§ 34.20.080(i)).
- If the trustee rescinds the sale within the 10 days, the deed of trust is restored and a new sale needs at least 45 days and new notice (§ 34.20.080(h), (j)).
The deadlines and how to count them
- Notice to quit: read the date and time printed on it. If it was mailed, Alaska adds three days to the notice period in § 09.45.090 cases (§ 09.45.090(c)).
- Summons: in an FED case it must be served not less than two days before the trial date (§ 09.45.120). Count from the day you were served to the trial date on the summons.
- Continuance: a continuance longer than two days is not allowed unless the person asking for it posts an undertaking with sureties the court approves (§ 09.45.120).
- No grace period in the foreclosure statute: § 34.20.090(b) sets no number of days a former owner may stay after the deed is delivered.
What to do this week
- Write down the move-out date on the notice to quit and, if you were served, the trial date and court on the summons.
- Call Alaska Legal Services Corporation at 1-888-478-2572, or the Alaska Bar Association Lawyer Referral Service at 907-272-0352.
- Use the Alaska Court System Self-Help Center for court forms and housing case information if you must go without a lawyer.
- Go to the trial on time. Bring your notice of default, any letters from the trustee or buyer, and proof of any payment you made.
- If you need more time to move, ask the buyer in writing. Get any agreement, such as cash for keys, in writing.
- Write to the trustee about surplus money. Anything left after the lender and later recorded liens goes to you if you still owned the home at the sale (§ 34.20.080(f)). See Alaska surplus funds.
The rest of the Alaska process
See how foreclosure works in Alaska, the timeline, ways to stop it and free help in Alaska, or read the national guide to this letter.
Common questions
How soon do I have to leave after an Alaska trustee's sale?
The buyer is entitled to possession after the trustee executes the deed, which can be up to 10 days after the sale (Alaska Stat. §§ 34.20.080(g), 34.20.090(b)). No statute gives a former owner a set grace period, but the buyer must use the court process to remove you.
How much notice does an Alaska FED summons give?
It must be served not less than two days before the trial date (Alaska Stat. § 09.45.120). That is very short, so call legal aid the day you are served.
Can the bank still sue me for money after my Alaska home is sold?
Not on the loan the deed of trust secured, if the home was sold by the trustee. Alaska Stat. § 34.20.100 bars any further action or deficiency judgment against the maker, surety or guarantor.
Other Alaska letters
- Notice of DefaultIn Alaska, the trustee records a notice of default that does two jobs at once: it says you are in default and it sets the date, time and place of the sale, at least 90 days away. You can stop the sale any time before that date by paying only what is past due plus actual fees and costs. Most Alaska foreclosures have no court case, so this notice is the main paper you will get.
- Notice of foreclosure proceeding for delinquent property taxesIn Alaska, your city or borough collects property taxes and forecloses on unpaid taxes once a year through one superior court case. After it publishes the foreclosure list, it must mail you a notice describing the property and the amount due. You can pay the taxes, penalty, interest and costs up to the transfer, and you can object in court within 30 days after the last publication.
- Redemption period expiration notice (property tax foreclosure)After a tax foreclosure judgment, an Alaska city or borough holds your home for at least a year while you can redeem it. Near the end, the clerk publishes a redemption period expiration notice and mails you a copy by certified mail. Your right to redeem ends 30 days after the first publication, and then the home is deeded to the municipality.