Walk It Through: The Notice Of Default
At least 20 days to cure, then at least 21 days' notice of the sale.
A homeowner falls behind on the mortgage on the house the family lives in.
Two things a person in this spot might do. Picking one shows what the law says about it.
One home under a deed of trust and one stretch of missed payments. Loan modification, the federal servicing rules and defenses to a sale are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Foreclosure saleThe public auction at which a home under a deed of trust is usually sold, on the first Tuesday of a month between 10 a.m. and 4 p.m., at the county courthouse or the area the county designates.
- Notice of defaultThe written notice by certified mail that a mortgage servicer sends, for property used as the debtor's residence, saying the debtor is in default and giving at least 20 days to cure before the notice of sale can be given.