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Foreclosure Posting Requirements
A Notice of Default must be recorded not less than 120 days prior to the Sale Date as scheduled in a Notice of Sale. The Notice of Default/Notice of Sale must be served on an occupant of the property at least 120 days prior to the date of sale scheduled in the notice. The Notice of Default/Notice of Sale must also be served on the original grantors, grantor’s successors in interest, junior lien holders, and encumbrances of record by first class and certified mail at least 120 days prior to the sale date. Service by certified mail must have a return receipt request. All of the above recording, mailing and personal service must occur not less than 120 days prior to the date of the trustee’s sale. Personal service requirements are the greatest cause of delay in the process. Posting notice to the property is not an acceptable notice in lieu of personal service unless an order of the court is first obtained. Notice of Sale must be published once per week for four consecutive weeks prior to the sale. The last date of publication may not be less than 20 days prior to the sale date. Affidavits of service, mailing of the notices and publication must be recorded on or prior to the actual date of sale in the country within which the property is located.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the direction is as vague as “any public place within the county in which the property is located.” Other times, the statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales can be conducted in any public place within the county in which the property is located.
Foreclosure Timeline
Timeline StepDays for StepTotal Days
Loan referred/file received11
Trustee Sale Guarantee report ordered12
Trustee Sale Gurantee report received and reviewed, Substitution of Trustee prepared and sent for execution by beneficiary1-1012
Substitution of Trustee received/recorded, NOD recorded (no less than 120 days before the sale date). Trustee’s Notice of Sale served and mailed2-1830
Publication completed (4 consecutive weeks) and NOD expires after 120 days120150
Sale held.1150
Trustees Deed recorded5-10160

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)
State Statutes
Oregon Foreclosure Statutes