Foreclosure Timeline: Understanding Notice of Foreclosure, Process, and Sale Steps

Going through a foreclosure is stressful, but understanding the process can help you feel more prepared and less overwhelmed. Before you lose your house at a foreclosure sale, you'll get some form of notice about the foreclosure. The kind of notice you'll get depends on whether the foreclosure is judicial or nonjudicial and what your state's foreclosure laws require.

With both judicial and nonjudicial foreclosures, most people get a preforeclosure notice, such as a breach letter or notice of intent to foreclose. Then, in a judicial foreclosure, you'll get notice of the lawsuit that begins the foreclosure process. In a nonjudicial foreclosure, the notice you'll get depends on state law, which varies widely.

This article explains what each notice means, what the foreclosure timeline looks like, and the steps you'll face along the way. Whether you're hoping to keep your home or just want to learn about your rights and options, knowing what to expect during each phase of foreclosure gives you the ability to make informed decisions and plan your next move.

What Is a Notice of Foreclosure and When Will You Get One?

A notice of foreclosure formally alerts the homeowner that the lender is starting the foreclosure process. The procedures required and the types of notice vary by state, and it's important to consult state-specific resources to find out exactly what kind of notice you'll receive.

If you get an official notice of foreclosure, you need to take immediate action to explore options if you want to avoid losing your home.

Judicial and Nonjudicial Foreclosures Explained

Judicial and nonjudicial foreclosures are the two primary legal processes a lender can use to foreclose when a borrower defaults on their mortgage payments. In a judicial foreclosure, the lender must file a lawsuit and go through the court system to prove the borrower is in default and get an order allowing it to sell the property at a foreclosure sale. In a nonjudicial foreclosure, the lender doesn't go to court. Instead, it follows procedures defined by state law, such as mailing notice to the borrower.

Judicial Foreclosure vs. Nonjudicial Foreclosure

Which process applies depends on the laws of the state where the property is located, as well as the terms of the mortgage or deed of trust.

Foreclosure Timeline: Judicial Foreclosures

In around half of the states, the lender has to file a lawsuit in court to foreclose. This process is called a "judicial foreclosure."

What Kind of Preforeclosure Notice Will You Receive?

If you live in a state where foreclosures go through the court system, you might get 30 days' notice of the lender's intent to file a foreclosure action in the form of a breach letter if the terms of your mortgage or deed of trust require it. And, some states have a law that requires the lender to send a preforeclosure notice.

What Kind of Official Notice Will I Get in a Judicial Foreclosure?

You'll get a summons and complaint telling you when a foreclosure action has been filed in the appropriate court. Once you receive notice about the lawsuit, most people have 20 to 30 days to respond to the suit.

If you file a response contesting the foreclosure action, it might take a few weeks or months—or maybe longer—before a judge rules on whether to grant the foreclosure.

After You Get Formal Notice of the Foreclosure

Even if you don't contest the foreclosure action, the sale usually won't occur until around a month after the judge issues a foreclosure order. So you'll probably have a couple of months from the first notice of the case to the date the court orders the sale.

You'll probably have at least double that amount of time, possibly more, if you oppose the foreclosure in court.

How a Judicial Foreclosure Sale Works

If the judge orders the foreclosure sale, you'll probably get a notice telling you when and where the sale (usually called a "sheriff's sale") will take place. The sale is a public auction, which might take place in a public place, such as the courthouse steps, or online.

However, in Connecticut and Vermont, in a process called a "strict foreclosure," the judge can transfer title to the property as part of the judgment of foreclosure, without a foreclosure sale.

Foreclosure Timeline: Nonjudicial Foreclosures

In the remaining states, the foreclosing lender can use an out-of-court (nonjudicial) process to foreclose. With a nonjudicial foreclosure, the lender must carefully follow the steps described in the state statutes to complete the process.

What Kind of Preforeclosure Notice Will You Receive?

Again, depending on the terms of your loan contract, you might get a breach letter. Also, depending on your state, you might get a preforeclosure notice stating the lender's intent to file a foreclosure action.

What Kind of Official Notice Will I Get in a Nonjudicial Foreclosure?

How much time elapses between the first formal notice that foreclosure proceedings have started to the date your property will be sold, and the procedures in between, vary from state to state. State law might require:

• a notice of default giving you a certain amount of time to get current on the loan by making up all the back payments and then a notice of sale (if you haven't brought the loan current by the deadline)
• a combined notice of sale and right to cure telling you that your home will be sold on a certain date unless you make up the missed payments
• a notice of sale, or
• in a couple of states, notice through publication in a newspaper and/or posting on the property or somewhere public.

Check your state's law in our State Foreclosure Laws area learn the process in your state.

How a Nonjudicial Foreclosure Sale Works

You can probably count on at least 30 days' notice before the foreclosure sale after the first official notice. In most states, you'll get a couple of months. Like with a sheriff's sale, the foreclosure sale will be an auction, online or in person, that's open to the public.

Talk to an Attorney About Foreclosure

Foreclosure procedures and timelines are different in each state. Consult with a local foreclosure attorney to learn exactly what type of notice you'll receive and how long a foreclosure will take in your state and particular circumstances.