- Who sends it
- The lender (plaintiff) or its lawyer, by first-class mail and in a newspaper in your town
- What it starts
- A public sale at least 30 days after mailing, usually held at the home
- Do this first
- Ask the lender's lawyer in writing for a full redemption amount good through the sale date
What this notice is in Vermont
If the home is not redeemed, the lender must sell it under 12 V.S.A. § 4952. A copy of the notice of sale is mailed by first-class mail to every party who appeared in the case, or to their lawyers. If you never appeared, it must also be mailed to you at your last known address.
The notice must give the specific date, time and location of the sale. It must be mailed after the last date of redemption in the decree and at least 30 days before the sale (12 V.S.A. § 4952(c)).
The statute's sample form includes this sentence: "The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale" (12 V.S.A. § 4952(e)).
For how this kind of document works in every state, see the national guide: Notice of trustee's sale.
What it does and does not mean
- It follows the judgment order and decree. The case has been decided, but you can still redeem until the sale (12 V.S.A. § 4949).
- The sale is held at the home unless the court picks another place (12 V.S.A. § 4953(a)). VTLawHelp says that if you still live there, it is usually held at the curb.
- Anyone may bid, including the lender. The sale is not final until the court confirms it.
- For a dwelling house, you cannot waive this notice unless the court approves it (12 V.S.A. § 4952(d)).
- It is not an eviction. Removal requires a separate writ of possession served by a sheriff.
The deadlines and how to count them
- Mailing: at least 30 days before the sale. Count calendar days from the mailing date on the notice or envelope.
- Newspaper: the notice runs once in each of 3 weeks in a row in a newspaper of general circulation in your town, with the first ad at least 21 days before the sale (12 V.S.A. § 4952(b)).
- Postponements: the sale can be adjourned one or more times for up to 30 days in total without a new notice, by announcement or posting at the sale site. The new date must be mailed to you at least 5 days before it. A longer delay needs your agreement with the lender or a court order (12 V.S.A. § 4953(b)).
- Loss mitigation: if your servicer receives a complete application more than 37 days before the sale, federal rules generally bar it from holding the sale during review (12 C.F.R. § 1024.41(g)).
What to do this week
- Check the mailing date and the sale date. Make sure they are at least 30 days apart and that the notice came after your redemption date.
- Call the lender's lawyer named in the notice to confirm the sale is on. Ask again the day before.
- Ask in writing for the full redemption amount, including sale costs. If the lender will take less, the change needs court approval.
- If you have a buyer or refinance, send proof to the lender's lawyer and ask in writing for a postponement.
- Plan your move in case the sale goes forward. Read Vermont after the foreclosure sale.
Free help in Vermont and scam warnings
Call Legal Services Vermont at 800-889-2047 or a lawyer through the Vermont Bar Association. You can also call the Superior Court civil clerk in your county to check the case. See the Vermont foreclosure help page.
- The newspaper ad is public. Be wary of anyone who offers to stop the sale for a fee or asks for your deed.
- If the home sells for more than is owed, the extra goes to other lienholders and then to you through the court's confirmation order. See Vermont surplus funds.
The rest of the Vermont process
See how foreclosure works in Vermont, the timeline, ways to stop it and free help in Vermont, or read the national guide to this letter.
Common questions
How much notice do I get before a Vermont foreclosure sale?
The notice of sale must be mailed after the last redemption date and at least 30 days before the sale (12 V.S.A. § 4952(c)). It is also published 3 weeks in a row, starting at least 21 days before the sale.
Can a Vermont foreclosure sale be postponed without a new notice?
Yes, for up to 30 days in total, by announcement or posting at the sale site. You must be mailed the new date at least 5 days before it. Longer delays need an agreement or a court order (12 V.S.A. § 4953(b)).
Can I still keep my Vermont home after getting this notice?
Yes, by redeeming before the sale: paying the full judgment amount plus costs of sale (12 V.S.A. § 4949). If the lender agrees, you can also reinstate or modify the loan before the sale (12 V.S.A. § 4948).
Other Vermont letters
- Foreclosure Summons and Complaint, with the Important Notice to Homeowner and Verified Answer formA Vermont lender must sue in the Civil Division of the Superior Court to foreclose on a home you own. The papers include a notice to homeowners, a mediation request form and a blank Verified Answer form. Vermont legal aid says your written, signed answer is due within 21 calendar days of receiving the complaint.
- Notice of Mediation Rights and Request for Mediation formIf you live in your Vermont home and it has 4 or fewer units, the lender must serve you a notice of your mediation rights with a form to ask the court for mediation. When you ask in time, the court must send the case to a neutral mediator who is a Vermont lawyer. The lender has to review you for options like reinstatement, modification, forbearance and short sale, and explain any denial.
- Final Judgment Order and Decree of ForeclosureThe Final Judgment Order and Decree of Foreclosure says the lender won and states the total you owe and the date your redemption period ends. For a home you live in, that is usually 6 months from the decree unless the court orders less. You can stay in the home and keep it by paying the judgment amount before redemption ends, or before any public sale.
- Report of Sale and Request for ConfirmationAfter the auction, the lender files a sworn report of the sale with an accounting of the money and asks the court to confirm the sale. It must mail you a copy. Title passes to the buyer when the confirmation order is recorded, any surplus is paid out under that order, and the lender must ask for any deficiency before the order issues.
- Writ of PossessionOnce your redemption period ends, the lender can ask the court for a writ of possession. For a home you live in, the clerk issues it only with the court's approval. A sheriff serves it on you and cannot put the new owner in possession until at least 14 days later.