PUBLIC TRUSTEE FORECLOSURE CHECKLIST
For Foreclosures Commenced Starting January 1, 2008

1.      Receipt the foreclosure file and proof the documents.

2.      Record the NED within 10 business days of filing.

3.      Determine if the property is agricultural or non-agricultural.

a.       If agricultural, wait 10 – 20 calendar days before setting sale date

4.      Set the Sale Date

a.       Non-agricultural sale date 110 - 125 calendar days after the recording of the NED.

b.      Agricultural sale date 215 - 230 calendar days after the recording of the NED.

c.       No sale shall be continued more than 12 months past the original sale date, unless stayed by bankruptcy or court order

5.      Mail the first combined notice within 20 calendar days of recording the NED

6.      Mail the second combined notice 45 - 60 calendar days prior to the first scheduled sale date

7.      Publish the combined notice 45 - 60 calendar days prior to the first scheduled sale date.

8.      A notice of intent to cure must be received at least 15 calendar days prior to the date of sale.

a.       Promptly, but no less than 12 calendar days prior to the date of sale, request a cure statement

b.      The statement must state the period for which it is effective, which shall be at least 10 calendar days but not more than 30 calendar days after the date of the statement, or until the last day to cure.

c.       Cure must be paid by noon the day before the sale.

9.      The court order authorizing the sale and the signed and itemized bid must be received by noon 2 business days prior to the date of sale.

10.  Conduct the sale by reading, posting, or providing the sale and bid information:

a.       Payments of bid amounts must be received no later than the date and time of the sale unless an alternative time on the date of sale is specified in writing by the public trustee.

11.  Enter the sale data in the public trustee records, which may be maintained electronically.

12.  Record the certificate of purchase within 5 business days and retain in the public trustees records.

13.  A notice of intent to redeem must be received within 8 business days after the sale.

a.       Request a redemption statement within 1 business day of receiving the notice.

b.      The signed redemption statement must be submitted no later than 13 business days following the sale,

c.       Send the redemption statement no later than the commencement of the redemption period.

14.  Set the redemption dates on the 9th business day following the sale.

a.       The first redemption period begins 15 business days following the sale. 

b.      Each redemption period consists of 5 business days.

c.       Redemptions must be paid by noon the last day of each redemption period.

15.  If a redemption is made:

a.       Record a certificate of redemption no sooner than 15 business days following the sale but no later than 5 business days following receipt of the redemption amount.

b.      Disburse any redemption proceeds upon the expiration of each redemption period.

16.  Issue and record a confirmation deed no less than 15 business days after the sale or the expiration of all redemption periods, whichever is later, and upon receipt of the proper fees and costs.