NOTICE OF TRUSTEE’S SALE, which is the final legal notice in the California non-judicial foreclosure process. Here’s what it’s used for:
Primary Purpose
This document formally announces that a foreclosed property will be sold at a public auction to the highest bidder. It represents the last major step before the property is actually sold.
When This Form Is Used
This notice is recorded and posted after:
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A Notice of Default has been recorded (starting the foreclosure process)
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The mandatory 3-month waiting period has passed
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The homeowner has not cured the default (brought the loan current)
Key Information This Notice Provides
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Sale Date, Time & Location – Exactly when and where the auction will take place
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Property Description – Both legal description and street address
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Outstanding Debt Amount – The total unpaid balance plus costs and fees
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Trustee Information – Who is conducting the sale
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Postponement Information – How to check if the sale date has been delayed
Important Notices Included
For the Homeowner:
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This is the final warning that their property WILL be sold
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Explains that sale dates can be postponed
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Provides contact information for checking postponements
For Potential Bidders:
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Warns that they are bidding on the lien position, not necessarily the property itself
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Explains that senior liens (like first mortgages) remain and must be paid
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Advises bidders to research all liens on the property before bidding
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States the sale is “AS-IS” with no warranties
The Timeline
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Notice of Default recorded → 3-month waiting period begins
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Notice of Trustee’s Sale recorded → Minimum 20 days before auction
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Auction occurs → Property sold to highest bidder
What Happens Next
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The property is sold at public auction to the highest bidder
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If no one bids, the property reverts to the lender (called “REO” or Real Estate Owned)
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The former homeowner typically has until the sale date to redeem the property by paying the full amount owed
This document represents the point of no return for homeowners in foreclosure – once the auction occurs and the gavel falls, their ownership rights are permanently terminated.
NOTICE OF TRUSTEE’S SALE
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Name: _____________________________________________________
Street Address: _____________________________________________
City & State: _______________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
IMPORTANT NOTICE
YOU ARE IN DEFAULT UNDER A ___________________________, DATED _____________. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
NOTICE IS HEREBY GIVEN that on _______, 20, at ____________________________________________, California, the undersigned Trustee will sell at public auction to the highest bidder for cash, cashier’s check, or other acceptable form of payment, the following described property:
TRUSTEE: ________________________________________________________________________________
Successor Trustee under Trust Deed dated: ________________________
Executed by: ____________________________________________________________________, as Trustor
For the benefit of: __________________________________________, as Beneficiary
Recorded: _____________________, as Instrument No: _______
County Recorder of: _________________________________________ County, California
PROPERTY DESCRIPTION:
STREET ADDRESS: ___________________________________________________________________
COUNTY ASSESSOR’S PARCEL NUMBER: ______________________________
THE TOTAL AMOUNT of the unpaid balance of the obligation secured by the property, together with reasonable estimated costs, expenses, and advances at the time of initial publication of this Notice of Sale, is: $_______________.
THE NOTICE OF BREACH and election to sell was recorded as Instrument No. _________________, on _______, 20, in the Official Records of ________________________________________ County, California.
NOTICE TO PROPERTY OWNER:
The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public.
To determine whether the sale date has been postponed, you may call: _______________________
or visit: ________________________________ using file number: ______________.
NOTICE TO POTENTIAL BIDDERS:
If you are considering bidding on this property, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property.
You should be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property.
You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company.
THE TRUSTEE DISCLAIMS ANY LIABILITY for any incorrect information contained in this notice. The auction sale is made without covenant or warranty, express or implied, regarding title, possession, or encumbrances.
Date: _______, 20
TRUSTEE: _________________________________________________________
Address: ____________________________________________________
Phone: _______________________ Fax: _________________________
Email: _____________________________________________________
By: _________________________ Title: _________________________
STATE OF CALIFORNIA
COUNTY OF _________________________________________________
On ____________________________ before me, __________________________________________________
(Name and title of officer)
personally appeared ____________________________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ___________________________________________________
(Signature of notary public)
(This area for official notarial seal)
NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED
注：本文件包含一个信息摘要
참고사항: 본 첨부 문서에 정보 요약서가 있습니다
NOTA: SE ADJUNTA UN RESUMEN DE LA INFORMACIÓN DE ESTE DOCUMENTO
TALA: MAYROONG BUOD NG IMPORMASYON SA DOKUMENTONG ITO NA NAKALAKIP
LƯU Ý: KÈM THEO ĐÂY LÀ BẢN TRÌNH BÀY TÓM LƯỢC VỀ THÔNG TIN TRONG TÀI LIỆU NÀY
This document must be properly notarized and recorded with the County Recorder’s office to be effective.
