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If a homeowner hands you a letter with "foreclosure" on it and asks how much time is left, this is how to read it. Start with what the document is, not the date. Figure out which state and county it belongs to and what it says is about to happen. Then check whether that's still true.

Homeowners usually share it because they want to know if selling is still an option. You may be the first person outside the family to see it. Your job is the page in front of you: name the document, pull the facts and check whether the date still stands. What it means legally is a question for an attorney.

Foreclosure rules are set by state and county, so find those two things first. In some states, the case goes through a court. That's called judicial foreclosure. In others, the lender can foreclose without a lawsuit. That's nonjudicial foreclosure. Who runs the sale depends on the state and the type of foreclosure, so check your state's rules. A trustee is a party named in the loan papers. You don't need the whole process to read this letter. You need the state, the county and the title at the top.

Ask before you copy it

Get the homeowner's permission before you copy or share the letter. Keep a complete copy, every page and attachment, in a secure system your brokerage approves. If you take a question to a group, leave out the names, the address and the loan numbers.

What to pull off the page

Here's a made-up notice. On a real one, find the same eight things.

FICTIONAL SAMPLE FOR PRACTICE. NOT A REAL NOTICE.

(1)FROM: Example Loan Servicing Co. (servicer)
(2)NOTICE OF TRUSTEE'S SALE
(3)Property: 100 Sample Street, Anytown, Example County
Parcel number: 000-00-000
(4)Instrument number: 2027-0000123
(5)Dated: January 8, 2027
(6)Recorded: January 11, 2027
(7)Sale date: February 8, 2027, 10:00 a.m.
Sale location: Example County courthouse steps
(8)Questions: Sample Trustee Services (trustee), (555) 555-0100
  1. Sender and role. A servicer is the company that collects the mortgage payments and handles the loan day to day. It isn't always the lender.
  2. Document type. The title at the top tells you the most.
  3. Property and parcel number. The parcel number is the county's ID for the property, also called the APN. Match it to the homeowner's address so you don't research the wrong house.
  4. Instrument number. The county assigns this when it adds the document to the public record, which is called recording. Think of it as a tracking number.
  5. Date on the document. When it was written.
  6. Recording date. When the county put it on the record. That can be days after the date on the document.
  7. Sale date, if there is one. Not every notice has one.
  8. Contact named. Look up that office's phone number yourself on the county or court site before you call. Don't rely only on the number printed on the page.

What the title tells you

The title at the top usually tells you what stage the foreclosure is in. The names vary by state, so use this as a general guide and check your state's rules.

DocumentWhat it tells you
Late-payment or default letter from the servicerThere's a payment problem. It isn't a sale notice.
Notice of default (NOD)In many nonjudicial states, the foreclosure process has started.
Notice of trustee's saleAn auction has been scheduled. Check that it's still on.
Lis pendensIn judicial states, a lawsuit has been filed. It's a recorded notice that the lawsuit affects the property.
Foreclosure judgmentIn judicial states, the court has ordered the foreclosure.

Who runs the sale depends on the state and the type of foreclosure, so check your state's rules. Go by the title printed on the notice, because the names change by state.

There's one timing fact you can't read off the letter. A federal rule says a mortgage servicer generally can't make the first foreclosure notice or filing until the borrower is more than 120 days behind. There are exceptions, and the rule doesn't tell you what a state requires after that. [1]

Check the county or court record

The letter shows what one party sent. The official record is at the county recorder's office or the court. Search by owner name, parcel number, address, instrument number, book and page or document type. Get the document image if you can, and write down the instrument number and the recording date.

In judicial states, also check the court docket. That's the court's public list of what has been filed in the case. The clerk is the court or county office that keeps those records.

Then find out whether the sale is still on. Postponements and cancellations happen often. Call whoever runs the sale, using a number you found yourself. A list from a data provider (a company that sells property and foreclosure lists) is a lead to check. It doesn't prove the sale is still on.

Keep four dates apart, and label each one.

  • The date on the document.
  • The date it was recorded or filed.
  • The scheduled event date, such as a sale.
  • The date you checked.

"Sale date shown in the notice, checked January 25" is a different statement from "the home sells February 8."

A fictional letter, and what you'd do with it

Say it's January 25, and a homeowner hands you the sample above. A property list you use shows the same February 8 sale.

You read it as a notice of trustee's sale, so an auction has been scheduled. Example Loan Servicing Co. is the servicer. Sample Trustee Services is the trustee. The parcel number matches the homeowner's address. You still don't know if the sale is still on, or if anything newer was recorded with the county after January 11. So you search by parcel number and call the trustee.

What you can say:

"This is a notice of trustee's sale, which means a sale has been scheduled for February 8. I'm checking with the county and the trustee today to see if that date still stands. With a date this close, I'd recommend you talk with a foreclosure attorney this week. I'll help you get your papers organized for that call."

What you write down:

Evidence:Notice of trustee's sale from Example Loan Servicing Co., trustee Sample Trustee Services, instrument number 2027-0000123, complete copy from the homeowner.
Shows:Dated January 8, recorded January 11, sale set for February 8. Parcel number matches the homeowner's address.
Not established:Whether the sale is still on, and whether anything newer is recorded.
Next:Search the county record and call the trustee on January 26, then update this note with what each source said.

If the letter comes with legal papers, or the date is close, encourage the homeowner to talk with an attorney right away. Don't wait until your note is finished. The CFPB (the federal Consumer Financial Protection Bureau) also says to read legal notices promptly and get help when facing foreclosure. [2]

This week, take one fictional or redacted sample and write that note before you tell anyone what the letter means. Redacted means the names, account numbers and other private details are blacked out. Your broker may already have a sample. Keep what the document says and what still needs an attorney in separate sentences.

How Foreclosure Works (and Why It's Different in Every State) covers the stages. Before You Rely on a Foreclosure Label, Check the Record walks through the county search.

KW Default Solutions (KWDS) works with Keller Williams agents on homes and homeowners in default. If a homeowner hands you a notice and you'd like help with next steps, reach out. We're happy to help. Contact KW Default Solutions

This article is general education, not legal advice. Foreclosure rules vary by state. Talk with a local real estate attorney about a specific case.