Alaska Foreclosure Timeline

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Presentation transcript:

Alaska Foreclosure Timeline Day of Sale Sale conducted Trustee's Deed Upon Sale prepared and sent for recording within 7 business days. 1 Day Prior to Sale Sale title update ordered 2 Days Prior to Sale Review of file and preparation of opening bid. 30 Days Prior to Sale Notice to IRS if Federal Tax Lien is recorded subsequent to the recording of the Deed of Trust. Approx. 70 Days Prior to Sale Posting of property ordered to be posted within 20 days following recording of NOD/NOS Publication of NOD/NOS ordered. Approx. 90 Days Prior to Sale NOD/NOS and Substitution of Trustee recorded. NOD/NOS, Substitution of Trustee, and Statement of Breach mailed to all entitled parties within 10 day of NOD/NOS recording. Approx. 95 Prior to Sale Notice of Default/Notice of Sale (one document), Substitution of Trustee, and Assignment (if needed) sent for recording. Approx. 100 Days Prior to Sale Referral package received Trustee's Sale Guarantee ordered Substitution of Trustee and Assignment, as applicable, prepared and sent for signature Alaska Foreclosure Timeline Updated 12/2014

Arizona Foreclosure Timeline Day of Sale Sale conducted Trustee's Deed Upon Sale prepared and sent for recording within 7 business days. 1 Day Prior to Sale Sale title update ordered 2 Days Prior to Sale Review of file and preparation of opening bid. 25 Days Prior to Sale Notice to IRS if Federal Tax Lien is recorded subsequent to the recording of the Deed of Trust. Approx. 45 Days Prior to Sale Publication of Notice of Sale ordered. Posting of property ordered. Approx. 90 Days Prior to Sale Notice of Sale and Substitution of Trustee recorded. Notice of Sale, Substitution of Trustee, and Statement of Breach mailed to all entitled parties within 5 days and 30 days of NOS recording. Approx. 95 Prior to Sale Notice of Sale and Substitution of Trustee sent for recording. Approx. 100 Days Prior to Sale Referral package received Trustee's Sale Guarantee ordered Substitution of Trustee and Assignment, as applicable, prepared and sent for signature Statement of Breach prepared Arizona Foreclosure Timeline Updated 12/19/2013

California Foreclosure Timeline Day of Sale Sale conducted Trustee’s Deed upon Sale prepared and sent for recording Within 2 Days of Sale Review of file and preparation of opening Sale title update ordered Certificate of Authorization from lender to proceed with Sale Approx. 20 Days Prior to Sale Notice of Trustee's Sale published. Notice of Sale mailed, posted and published once a week for 3 consecutive weeks. First publication must be at least 20 days prior to sale date. Multi-language notice mailed/posted to the resident of property subject to foreclosure sale. If the sale is postponed for a period of at least 10 business days, Trustee will prepare/mail the Notice of Postponement within 5 days following the Postponement. 25 Days Prior to Sale Notice to IRS if Federal Tax Lien is recorded subsequent to the recording of the Deed of Trust. Approx. 30 Days Prior to Sale Certificate of Authorization from lender to proceed with Publication and setting Sale Notice of Trustee's Sale prepared. Publication date down ordered. Approx. 90 Days Prior to Sale TSG received Notice of Default mailed to all entitled parties within one calendar month. Approx. 110 Prior to Sale Notice of Default and 2923.5 or 55 Declaration mailed within 10 business days to all entitled parties. Approx. 120 Days Prior to Sale Approx. 125 Days prior to sale, 2923.5 or 2923.55 Declaration of Default, Substitution of Trustee & Assignment of Deed of Trust, as applicable, prepared and sent for signature. Approx. 120 days prior to sale, upon receipt of executed Declaration of Default 2923.5 or 2923.55, Substitution of Trustee & Assignment, as applicable, Trustee will prepare & execute the Notice of Default & record all applicable documents. Trustee's Sale Guarantee ordered California Foreclosure Timeline Updated 12/19/2013

Nevada Foreclosure Timeline Day of Sale Sale conducted Trustee’s Deed upon Sale prepared and sent for recording Within 2 days of sale Review of file and preparation of opening Sale title update ordered Servicer must provide authorization to proceed with sale Redemption Expiration | Approx. 25 days prior to sale Trustee must be in receipt of Mediation Program Certificate to proceed Servicer must provide authorization to proceed with NOS Publication title update ordered Notice of Sale prepared and sent for recording, posting, and publication Notice of Sale mailed to all entitled parties Notify IRS if a Federal Tax lien is of record Approx. 40 days from NOD recording If borrower does not accept or waives Mediation, Certificate is requested from Foreclosure Mediation Program Office Approx. 10 days from NOD recording Notice of Default mailed within 10-days to all entitled parties Forms sent to borrower to accept or waive their right to Mediation Approx. 5 days from NOD recording Post-NOD letter sent to borrower within 5 days of recording NOD Trustee’s Sale Guarantee ordered Notice of Default posted on property Referral Received| Foreclosure Initiated Referral Package received Substitution of Trustee prepared and sent for signature Gap/Statement Letter sent Obtain AB300 Affidavit from servicer Obtain NV HBOR Declaration from servicer Notice of Default prepared and recorded At least 30 days after default & 30 days prior to NOD Servicer must send pre-foreclosure notice to borrower at primary address Nevada Foreclosure Timeline Updated 11/27/2013

Oregon Foreclosure Timeline Day of Sale Sale conducted Trustee’s Deed upon Sale prepared and sent for recording Within 2 Days of Sale Review of file and preparation of opening Sale title update ordered In the event of a sale postponement, statute requires postponement of a Trustee's Sale be at least 15 days Approx. 20 Days Prior to Sale Affidavit of Compliance is recorded. 30 to 25 Days Prior to Sale Notice to IRS at least 25 days prior to Sale if Federal Tax Lien is recorded subsequent to the recording of the Deed of Trust. At least 30 days prior to sale, the completed Foreclosure Avoidance Measure Notice is mailed to all entitled parties and the Attorney General. Approx. 50 Days Prior to Sale Notice of Trustee's Sale published once a week for 4 weeks with last publication taking place a minimum of 20 days prior to sale. Foreclosure Avoidance Measure Notice sent for completion At Least 120 Days Prior to Sale Notice of Default recorded Notice of Sale prepared Notice of Sale, Danger Notice & Notice to Tenants are posted/served and mailed Approx. 130 Days Prior to Sale Signed Appointment of Successor Trustee & Assignments (if applicable) received by Trustee. Notice of Default is prepared and sent for recording. Referral Received Referral Package Received Declaration of Default, Assignment of Deed of Trust (if applicable), and Appointment of Successor Trustee prepared and sent for signature. Trustee's Sale Guarantee ordered Oregon Foreclosure Timeline Updated 12/19/2013

Texas Foreclosure Timeline Day of Sale Sale conducted Sales held only on the first Tuesday of the month Substitute Trustee's Deed prepared and sent for recording 1 Day Prior to Sale Sale title update ordered 2 Days Prior to Sale Review of file and preparation of opening bid. At Least 21 Days Prior to Sale Notice of Substitute Trustee’s Sale sent for filing and Posting at least 21 days prior to sale. Posting of Notice of Sale ordered. Notice of Substitute Trustee’s Sale and Notice of Acceleration mailed to borrower and required parties 25 Days Prior to Sale Notice to IRS if Federal Tax Lien is recorded subsequent to the recording of the Deed of Trust. Appointment of Substitute Trustee and any required Assignments received and sent for recording Notice of Acceleration prepared and executed Approx. 30 Prior to Sale Title Report received and title examination completed Request Appointment of Substitute Trustee and any required Assignments for execution Approx. 45 Days Prior to Sale Referral package received Verify servicer has sent 30-Day Notice of Default and Intent to Accelerate to borrower and required parties and that it has expired Title Report ordered Texas Foreclosure Timeline Updated 05/12/2014

Washington Foreclosure Timeline Day of Sale Sale conducted Trustee’s Deed upon Sale prepared and sent for recording Within 2 Days of Sale Review of file and preparation of opening Sale title update ordered At Least 25 Days Prior to Sale Notice to IRS at least 25 days prior to Sale if Federal Tax Lien is recorded subsequent to the recording of the Deed of Trust. Approx. 30 Days Prior to Sale Notice of Sale publication begins At Least 120 Days Prior to Sale Notice of Trustee's Sale and Notice of Foreclosure prepared and mailed to all entitled parties. Notice of Sale recorded The Notice of Sale and Notice to Residents are posted on the property. Approx. 150 Days Prior to Sale Executed Loss Mitigation Declaration must be received from servicer prior to issuance of Notice of Default. Notice of Default is prepared and mailed Upon receipt of the required executed documents, Trustee will forward the applicable documents for recordation. Notice of Default is posted on the property. Approx. 160 Days Prior to Sale Referral Package Received Declaration of Default, Declaration of the Beneficiary as to the actual holder of the Promissory Note, Foreclosure Loss Mitigation form, Assignment of Deed of Trust (if applicable) and Appointment of Successor Trustee prepared and sent for signature Trustee's Sale Guarantee ordered Washington Foreclosure Timeline Updated 12/19/2013