In most cases, court foreclosures are for mortgages, whereas out-of-court foreclosures are for deeds of trust. State law does not require a lender to send letters to the borrower prior to beginning the foreclosure process, but the mortgage or deed of trust may require it.
An out-of-court foreclosure is usually concluded within four months. Once a notice of default is filed and delivered to the borrower, a 30-day reinstatement period occurs during which the borrower can stop the foreclosure process by paying the amount due. After this reinstatement period, a trustee sale is scheduled.
Court foreclosures can take six months or longer, and mortgages must be foreclosed in this manner. Once the lender has filed the appropriate court documents and delivered notice of those court documents to the borrower, the borrower has 30 days to respond. If the borrower does not respond, the court issues a foreclosure ruling and a 20-day redemption period begins during which the borrower may stop the foreclosure by paying off the amount owed or request a postponement, delaying the sale for up to nine months. If the borrower does not redeem or postpone, the property is scheduled for public sale.
Notice of Sale / Auction
For an out-of-court foreclosure, the notice of sale must be published once per week for five weeks. The final notice must be published 10 to 30 days before the sale date. The trustee conducts the sale. The property is sold to the winning bidder, and the trustee issues a deed transferring ownership.
In a court foreclosure, the notice of sale must be published once per week for four weeks. Either a court official called the master commissioner or the sheriff conducts the sale, and the property is sold to the winning bidder. Typically 2-3 weeks after the sale, a hearing is conducted to confirm the sale; this is the final chance a borrower has to redeem the property. After the sale has been confirmed, a deed is issued that transfers ownership to the winning bidder.