A trustee sale is the foreclosure auction process used in non-judicial foreclosure states (approximately 30 states). Unlike judicial foreclosures that go through the court system, trustee sales are administered by a trustee — typically an attorney or title company — designated in your deed of trust. The trustee has the power to sell your property at public auction without court involvement.
The trustee sale process is governed by state law and the terms of your deed of trust. While this makes the process faster than judicial foreclosure, it also provides homeowners with specific legal rights and remedies. For more, see our trustee sale guide and non-judicial foreclosure services.
Notice of Default (NOD) Recorded
The official start. Reinstatement period begins — typically 90 days.
Notice of Trustee Sale Issued
Must be mailed, posted, and published per state law. Typically 21-120 days before auction.
Trustee Sale / Auction Day
Property sold to highest bidder. Some states have post-sale redemption rights.
Key state timelines: California — 90 days NOD + 21 days NTS (111+ days total). Texas — 21 days notice before first Tuesday auction (fastest). Arizona — 90 days NOD + trustee sale. Georgia — 30 days notice, non-judicial. Nevada — 90 days NOD + 21 days NTS with HB 356 mediation option. Washington — 90 days NOD + 120 days reinstatement. Oregon — non-judicial, 120 days from NOD. Colorado — non-judicial with a unique "Rule 120" court proceeding. Michigan — non-judicial by advertisement with 30-day notice.
These timelines are critical because they determine what legal documents you need to file and when. In fast-track states like Texas, you may only have 21 days to act — making immediate action essential. In states with longer timelines like Washington (120 days), you have more time to pursue loan modification or settlement negotiations. However, no homeowner should wait until the deadline approaches, as courts rarely grant last-minute emergency relief without exceptional circumstances. Visit our state information page for your specific state's requirements. See also our complete foreclosure timeline guide.
Options include: filing a civil lawsuit alleging lender violations (creates a cloud on title), obtaining a Temporary Restraining Order from the court, filing Chapter 13 bankruptcy for automatic stay, submitting a complete loan modification application under CFPB rules (must be 37+ days before sale), or negotiating directly with the lender. The fastest non-bankruptcy option is typically a TRO supported by well-documented claims. Our foreclosure defense services prepare these documents.
Even after a trustee sale, you may have options. Some states provide a statutory redemption period. You may also have grounds for a wrongful foreclosure lawsuit if the trustee violated state law or the deed of trust terms. A forensic loan audit can uncover violations that support setting aside the sale. See our post-foreclosure defense page.
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