How to Foreclose on a Deed of Trust
- 1). Verify that the lender is in default, as defined according to the terms of the promissory note and the trust deed.
- 2). Order a title report, sometimes also called a foreclosure report, from a reputable title company. Review the title report and note any people or entities that have some type of legal interest in the property.
- 3). Send the borrower a notice of default. In some states, you also need to record the notice of default. At the same time, send the same notice of default to each person and entity that has an interest in the property.
- 4). Publish a notice of trustee's sale. State law typically requires that this notice be published in a newspaper, online, and at the property itself.
- 5). Hold the trustee's sale on the date and time listed in the notice of trustee's sale. In most states, this must be a public auction that takes place in a public place, such as on the county courthouse front steps.
Foreclose a Deed of Trust
Source...