Foreclosure Notice Decoder: Notice of Default, Notice of Sale and Complaint
Authored by Carson Nordmann, Founder of Keystone Court Data. See our editorial standards.
A foreclosure usually leaves a paper trail: a notice of default and a notice of trustee's sale in states that foreclose without a court case, or a foreclosure complaint in states that go through the courts. Below are three made-up sample documents. Pick one, tap any highlighted part to see what it usually means, then pick a state to read, for the states covered so far, the parts of that state's law this page has checked, quoted word for word.
Decode a sample foreclosure document
Every name, date, address and amount below is invented. Real documents differ in layout and wording from state to state, but most carry these same parts.
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST (SAMPLE; some states mail a default notice instead of recording one)
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Dated: [date]. EXAMPLE TRUSTEE SERVICES, as trustee or loan servicer (SAMPLE)
NOTICE OF TRUSTEE'S SALE (SAMPLE)
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EXAMPLE TRUSTEE SERVICES, trustee. Telephone: (XXX) XXX-XXXX (SAMPLE)
IN THE EXAMPLE COURT FOR EXAMPLE COUNTY
COMPLAINT TO FORECLOSE MORTGAGE (SAMPLE)
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Attorney for Plaintiff (SAMPLE)
General information about how foreclosure notices usually work, checked October 2026. Dates are usually statutory minimums and deadlines that depend on the dates in the actual notices and court papers, and they can change. This is not legal advice and does not create an attorney-client relationship. Talk to an attorney licensed in the state where the property is before relying on it.
Which document comes first
In states where most foreclosures happen without a court case, the usual order is a notice of default, then a notice of trustee's sale, then the auction. In some of these states the default notice is mailed or delivered rather than recorded, and the notice of sale is the first document posted or recorded. In states where foreclosure goes through the courts, the usual order is a complaint (often with a lis pendens), then a judgment, then a sale run by a court officer. Some states allow both routes.
None of these documents is the end of the process on its own. Sales are often postponed, loans are often brought current or paid off, and bankruptcy filings and court orders can stop a sale. The dates that matter are the ones printed on the actual notices and court papers.
Calls and texts to homeowners in foreclosure can be covered by federal and state Do Not Call, calling and texting rules, and some states regulate people who offer foreclosure help. Questions about a specific property are for the owner's own attorney.
States covered so far
Quoted from official state statute pages: Arizona, California, Colorado, Florida, Illinois, Michigan, Nevada, North Carolina, Ohio, Tennessee, Texas, Washington. Each covered state has quotes for some parts; a part with no quote says it has not been checked yet, which does not mean the state has no rule there. Every other state is marked not yet covered until its official text is quoted and checked.
Sources
Every state-specific rule on this page is shown as a word-for-word quote from one of these official statute pages, with a plain-English summary under it, checked October 2026. The summary is ours; the quote is the law. Pick a state in the decoder to see which section each quote comes from.
- Arizona Revised Statutes 33-808, Notice of trustee's sale
- Arizona Revised Statutes 33-811, Payment of bid; trustee's deed
- Arizona Revised Statutes 33-813, Default; reinstatement
- California Civil Code 2924, Notice of default; waiting period before notice of sale
- California Civil Code 2924c, Cure of default; reinstatement
- California Civil Code 2924f, Notice of sale
- California Civil Code 2924g, Time and place of sale; postponement
- California Civil Code 2924h, Bids at a trustee's sale
- Colorado Revised Statutes 38-38-103 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Combined notice - publication - providing information
- Colorado Revised Statutes 38-38-104 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Right to cure when default is nonpayment - right to cure for certain technical defaults
- Colorado Revised Statutes 38-38-106 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Bid required - form of bid
- Colorado Revised Statutes 38-38-108 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Date of sale
- Colorado Revised Statutes 38-38-109 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Continuance of sale - effect of bankruptcy - withdrawal of sale
- Colorado Revised Statutes 38-38-110 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Sales by officer - location - announcement - records - electronic devices - definitions
- Colorado Revised Statutes 38-38-302 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Redemption by lienor - procedure - definition
- Colorado Revised Statutes 38-38-501 (quoted from the 2024 compilation; checked word for word against the 2026 compilation, which includes House Bill 26-1098), Title vests upon expiration of redemption periods - confirmation deed - definition
- Florida Statutes 45.031, Judicial sales procedure
- Florida Statutes 702.015, Elements of complaint
- Florida Statutes 702.10, Order to show cause; final judgment of foreclosure
- 735 ILCS 5/15-1504, Pleadings and service (form of foreclosure complaint)
- 735 ILCS 5/15-1504.5, Homeowner notice to be attached to summons
- 735 ILCS 5/15-1507, Judicial sale
- 735 ILCS 5/15-1508, Report of sale and confirmation of sale
- 735 ILCS 5/15-1602, Reinstatement
- 735 ILCS 5/15-1603, Redemption
- Michigan Compiled Laws 600.3208, Notice of foreclosure; publication; posting
- Michigan Compiled Laws 600.3212, Notice of foreclosure by advertisement; contents
- Michigan Compiled Laws 600.3216, Sale; time and place
- Michigan Compiled Laws 600.3220, Sale; adjournment; notice
- Michigan Compiled Laws 600.3228, Sale; purchase by mortgagee or assigns
- Michigan Compiled Laws 600.3240, Redemption of premises; amount; redemption periods
- North Carolina General Statutes 45-21.10, Requirement of cash deposit at sale
- North Carolina General Statutes 45-21.16, Notice and hearing
- North Carolina General Statutes 45-21.16A, Contents of notice of sale
- North Carolina General Statutes 45-21.17, Posting and publishing notice of sale of real property
- North Carolina General Statutes 45-21.20, Satisfaction of debt after publishing or posting notice, but before completion of sale
- North Carolina General Statutes 45-21.21, Postponement of sale; notice of cancellation
- North Carolina General Statutes 45-21.23, Time of sale
- North Carolina General Statutes 45-21.27, Upset bid on real property
- Nevada Revised Statutes 107.080, Trustee's power of sale: required notices; effect of sale
- Nevada Revised Statutes 107.081, Time and place of sale
- Nevada Revised Statutes 107.082, Oral postponement of sale
- Nevada Revised Statutes 107.083, Proceedings after purchaser refuses to pay amount bid
- Ohio Revised Code 2323.07, Sale of foreclosed property
- Ohio Revised Code 2329.191, Preliminary and final judicial reports
- Ohio Revised Code 2329.26, Notice of date, time and place of sale
- Ohio Revised Code 2329.33, Redemption by judgment debtor
- Tennessee Code Annotated 35-5-101, as substituted by House Amendment 1 to HB1127 (Public Chapter 515 of 2025, effective July 1, 2025), Advertisement of foreclosure sales
- Texas Property Code 51.002, Sale of real property under contract lien
- Revised Code of Washington 61.24.030, Requisites to trustee's sale
- Revised Code of Washington 61.24.040, Foreclosure and sale; notice of sale
- Revised Code of Washington 61.24.090, Curing defaults before sale
Related
This page gives general information about foreclosure notices and complaints. The sample documents are invented for illustration; any resemblance to a real case, person or property is accidental. Rules vary by state. Reviewed October 2026; the law can change. This is not legal advice and does not create an attorney-client relationship. Talk to an attorney licensed in the state where the property is about a specific property.