Notifications to owner about postponements or sales?


#1

When a property that is scheduled for trustee sale is either postponed or sold (whether to the beneficiary or a 3rd party), if the owner does not attend the scheduled sale, is there any mechanism by which they are typically notified of any postponement or sale (even a delayed notification, e.g., via a monthly statement from the lender), or can a sale just be postponed for many months (or eventually happen) without the owner ever being informed about the current status (unless they choose to check it)?


#2

Jo … There is no proactive trustee call made to a homeowner to keep them informed re their foreclosure status (e.g. sale or postponement). But homeowners very definitely do get proper “notice” via the notice of default (NOD) and notice of trustee sale (NTS) distributed via mail, front-door posting and published in the newspaper and online. The ball is then in the homeowner’s court to monitor the foreclosure. Despite the requisite notices, many homeowners remain unaware that a trustee sale (or postponement) occurred. This is largely due to their inattentiveness. Not making a judgment here as many homeowners in foreclosure are dealing with other weighing matters and they do not bother to attend the trustee sale. They were, however, given proper notices - NOD & NTS. The NTS also provides the homeowner with the trustee’s phone number where they might learn about opening bid and/or any postponement of the auction. Further, if they attend the auction, they will learn (just as all who attend) whether or not the property is sold, and if not, the sale postponement date. So the excuse, “but we didn’t know it was going to sale today,” just doesn’t fly in the event of a homeowner challenge.


#3

Owner needs to be proactive. Once they have a Notice to Sell posted on their door, it has the phone number and trustee sale number on it. They should call periodically to determine the status of the sale date and outcome of the eventual sale.