Establishing secure connection…Loading editor…Preparing document…

Substitute Trustee's Notice of Sale

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Foreclosure Document Packet

Instruction: This is a model letter. Adapt to fit your facts and circumstances.

Date:

Name:

Company:

Address Line:

City, State Zip Code:

Re:

Loan No.:

Dear:

Enclosed is a copy of the recorded Agreed Order.

If you have any questions, please call and ask for the foreclosure desk.

Thank you for your assistance.

Sincerely,

Signature:

Title:

Enclosures:

Instruction: This is a model letter. Adapt to fit your facts and circumstances.

Re: Title Search -

Please do an initial title search from the date of the Deed of Trust and perform a Federal Tax Lien Search on the appropriate parties in the chain of title. We also need a copy of all assignments and conveyances unless listed below:

If you will be unable to deliver the title search within six (6) days, please call our office at and ask for the foreclosure desk.

Sincerely,

Name:

Enclosure:

Re: Your Loan Number:

Dear :

We have been instructed to initiate foreclosure of your loan referenced above due to your failure to make payment as agreed.

If you would like for the foreclosure to stop you must pay all past due payments, costs and attorneys fees to this office.

You may obtain the amount due by calling and asking for the foreclosure desk.

The longer you wait to contact us about paying the amounts due will result in your being responsible for additional costs and fees.

Sincerely,

Name:

Re: Your Loan No:

Dear :

As shown on the enclosed Trustee's Notice of Sale, we have begun foreclosure proceedings on your Deed of Trust covering your property.

The public sale will be held on .

If you would like to bring your loan current, you should contact our office for the amount.

The keys to the property should be brought to our office at .

For information on the amount to bring the loan current, please call our office at and ask for the foreclosure desk.

Sincerely,

Re: Notice of Sale - Loan No.

Dear :

Enclosed is a Substitute Trustee's Notice of Sale on the above referenced individual which we would appreciate you posting on the bulletin board of the County Courthouse of .

Please state on the bottom of this letter the date of posting and return the letter to us.

Thank you for your assistance.

Sincerely,

Name:

Notice posted this the day of , 20

Chancery Clerk:

By:

Re: Notice of Sale - Loan No.

Dear :

Enclosed is a Trustee's Notice of Sale which we would appreciate your publishing on the dates indicated thereon.

If you cannot publish on these dates, please call our office at and ask for the foreclosure desk.

Please notate on the bottom of the enclosed copy of this letter that you can publish on said dates and return the copy to us.

Please send us a tear sheet after the first publication and advise us the charge for publishing the notice in your paper.

Please forward your statement to us along with proof of publication following the final publication of the Notice of Sale.

Thank you for your assistance.

Notice can be published on:

Re:

Loan No.

Dear :

Enclosed is a copy of our letter to the Mortgagor(s) and a copy of the Notice of Sale on the above referenced loan.

Should you require anything further, please call our office at and ask for the foreclosure desk.

Sincerely,

Re:

Loan No.

Enclosed is a copy of our letter to the Mortgagor(s) and a copy of the Notice of Sale on the above referenced loan.

Please furnish us with the bid amount for the foreclosure sale at least five days prior to the sale date.

Your referral indicates the property is occupied, therefore, we are enclosing a Special Warranty Deed to be executed by and returned to our office with instructions for recording the deed.

If you have any questions, please advise.

Sincerely yours,

Re: Notice of Sale - Loan No.

Dear :

Enclosed is a copy of a Notice of Sale on the foreclosure referenced above. We would appreciate you conducting the sale on .

The specified bid for this property is $ .

The bid will be on behalf of .

If a third party bidder is present for the sale, the specified starting bid is $ .

Please call our office at as soon as the foreclosure sale has been completed and give us the sales results.

Sincerely,

Re:

Loan No.

Please be advised that the foreclosure sale was held today on the referenced loan and the successful bidder was , for $ .

We will mail the Substitute Trustee's Deed for record when we receive the proof of publication.

A copy of our letter of transmittal and a copy of the Deed will be mailed to you for your file.

If you have any questions, please call our office at and ask for the foreclosure desk.

Enclosed is a Substitute Trustee's Deed which we would appreciate you recording.

The filing fee in the amount of $ is also enclosed.

Please return the original to this office.

If you have any questions, please call and ask for the foreclosure desk.

Thank you for your assistance.

Please do a final update on the above referenced property.

Enclosed is a copy of your initial update on the property.

The Substitute Trustee's Deed - Special Warranty Deed is being mailed for record today.

Please include this instrument in your final update.

If you have any questions regarding the above please call our office at and ask for the foreclosure desk.

Your assistance in this matter will be appreciated.

Date Services Rendered:

Date Services Rendered Amount
Attorney’s Fees
Initial Title Search
Publication
Recording Fees
SOT
STD
SWD
Federal Tax Lien Search
Title Update
Title Policy
TOTAL

Substitution of Trustee

On , executed a Deed of Trust to .

State: County:

Substitute Trustee:

Prepared By:

By:

Its:

Notary Public:

Commission Expires:

Substitute Trustee's Notice of Sale

Deed of Trust Date:

Trustee:

Beneficiary:

Chancery Clerk County:

Sale Date:

Property Description:

Substitute Trustee:

Substitute Trustee's Deed

Mortgagor's Name:

Loan Number:

Grantee:

Consideration Amount:

Property Location:

Grantor:

Telephone:

Prepared By:

Telephone:

Special Warranty Deed

Grantor Corporation:

State of Incorporation:

Grantee:

Property Description:

Attest:

By:

By:

Its:

Notary Public:

Commission Expires:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Substitute Trustee's Notice of Sale Is and when it’s used

A Substitute Trustee's Notice of Sale is a written public notice used in nonjudicial foreclosure and power-of-sale contexts to announce that a substituted trustee will conduct a public sale of real property securing a mortgage or deed of trust. The notice identifies the substituted trustee, the original mortgage or deed of trust, the trustor (borrower), the legal description of the property, the recorded instrument reference, and the time, date, and place of the sale. It is prepared to comply with state statutes governing publication, posting, and recording so that the sale is binding and provides notice to lienholders and the public.

Why the Notice Matters for Valid Foreclosure Sales

The Substitute Trustee's Notice of Sale creates the formal, public record that a sale will occur; it protects the substituted trustee, enforces priority among lienholders, and provides required legal notice to the borrower and interested parties. Accurate, timely notices reduce litigation risk, preserve purchaser title, and satisfy state statutory requirements for foreclosure by power of sale.

Why the Notice Matters for Valid Foreclosure Sales

Typical parties who prepare or rely on this notice

Several professional roles prepare, review, or receive the notice as part of a foreclosure workflow.

  • Lenders and loan servicers issue instructions and verify borrower and loan identifiers prior to notice publication.
  • Substitute trustees (or trustee counsel) draft and sign the notice, arrange recording, and oversee sale logistics.
  • County recorders, newspaper publishers, and title companies receive copies for recording, publication, and title clearing purposes.

Each party has distinct responsibilities: the lender/servicer for authorization, trustee for execution, and public offices for recording and publication.

Who can sign and what their role is

Substitute Trustee

A licensed attorney or appointed trustee signs the notice after receiving a valid substitution or appointment. The trustee must have authority under the deed of trust or assignment; their signature establishes the chain of authority for the sale and is often notarized or executed pursuant to statutory form requirements.

Loan Servicer / Lender

The servicer or lender provides loan identifiers, payoff figures, and authorization to proceed. They ensure statutory preconditions are met (acceleration, borrower notice) and coordinate publication, recording, and distribution to title companies and parties in interest.

Essential information fields to include

Legal Description: Full recorded description
Recording Info: Instrument book/page or document number
Sale Date/Time: Exact date and clock time
Sale Location: Physical courthouse or online venue
Trustee Contact: Name and mailing address
Loan Identifiers: Account or docket number

Key sections a professional notice should contain

A complete Substitute Trustee's Notice of Sale follows a predictable structure so courts, title companies, and the public can verify authority, identify the property, and confirm sale logistics.

Caption and Title

Identifies the document as a Substitute Trustee's Notice of Sale and lists the recording office, county, and parties to the underlying deed of trust or mortgage; this header ensures the notice is recognized by recorders and title examiners.

Authority Statement

States the instrument under which the trustee acts (deed of trust or assignment) and cites the recorded instrument number and date to establish legal authority to conduct the sale.

Property Description

Includes the full legal description, street address (if applicable), and parcel number to avoid ambiguity and enable correct recording and title search matching.

Sale Terms

Specifies time, date, location, type of sale (public auction), minimum bid or terms of payment, and any reservations or conditions of sale required by statute or deed.

Publication and Posting

Notes where and when the notice will be published and confirms compliance with state statutory publication, posting, or mailing requirements as applicable.

Signature Block

Contains the substitute trustee's signature, printed name, address, and often a notary or acknowledgement line where state law requires notarization or verification.

Step-by-step: completing and publishing a Substitute Trustee's Notice of Sale

Follow a consistent sequence to prepare, authorize, record, publish, and execute the sale to meet statutory notice requirements and minimize legal challenge risk.

  • 01
    Assemble Documents: Gather deed of trust, substitution, assignment, and loan records.
  • 02
    Draft Notice: Populate the notice with exact recorded references and legal description.
  • 03
    Record / File: Record substitution or related instruments as required before publication.
  • 04
    Publish and Conduct Sale: Publish per statute, post onsite if required, and hold the sale on the stated date.

Setting up an online workflow for notices and recording

Configure the digital workflow to capture required data, apply signer authentication, and store signed copies with an audit trail for later title review.

Field Configuration
Document Upload PDF preferred; PDF/A for archival purposes
Signer Authentication Email plus SMS code or ID verification
Notarization RON or in-person notarization as state permits
Certificate Storage Store signed PDF with audit trail

Where the notice goes after you finish it

Distribution typically involves recording certain instruments, publishing the notice, and providing copies to interested parties and title firms.

  • County Recorder: Record substitution and related instruments to create public chain of title
  • Newspaper Publication: Publish notice according to state publication requirements
  • Onsite Posting: Post notice at property or courthouse if statute requires
  • Title Companies: Send copies for title update and purchaser clearance

Technical considerations for electronic completion and eSubmission

Use a platform that supports PDF signing, audit trails, and optional notarization to maintain admissible records.

  • File Format: PDF (searchable) is preferred
  • Integrations: Connect to cloud storage and title systems
  • Authentication: Email plus SMS or ID verification

Store the signed notice and audit trail in a secure repository and retain copies needed for recording, title clearing, and potential litigation.

Common timing elements and publication windows

Timing requirements vary by state; follow statutory windows for recording, publication frequency, and latest acceptable sale date to ensure enforceability.

Record Before Publication:

Many states require recording substitution or related instruments prior to publication.

Publication Frequency:

State law frequently requires publication for one to several consecutive weeks.

Posting Period:

Some jurisdictions require posting on the property for a statutory period before sale.

Earliest Sale Date:

Statutes set minimum days between publication and sale; confirm your jurisdiction's rule.

Notice to Parties:

Certain parties may require mailed notice within a set period before sale.

Common mistakes to avoid when preparing the notice

  • Using an imprecise or partial legal description that does not match the recorded deed can cause title defects and delay sale completion.
  • Failing to record the substitution or assignment before publication can render the sale vulnerable to challenge by lienholders or the borrower.
  • Publishing in the wrong newspaper, incorrect county, or for too few insertions can violate statutory notice requirements and risk invalidation.
  • Entering the wrong sale date, time, or physical location — even small date errors — often leads to rescheduling and possible litigation.

Consequences of an incorrect or improperly issued notice

Invalid Sale: Sale may be voided
Litigation: Risk of quiet-title suits
Title Defects: Buyer receives defective title
Monetary Damages: Potential compensatory liability
Regulatory Risk: State compliance penalties
Delay: Extended foreclosure timeline

Typical eSignature vendor pricing and capabilities for document signing

Platform selection affects cost, authentication options, and compliance features. The following comparison shows starting prices and capability highlights across common vendors.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Substitute Trustee's Notices of Sale

Answers to common practical and legal questions about preparing, filing, and correcting notices, including electronic execution, notarization, and state-specific concerns.


Need help? Contact support

Explore Templates

New Hampshire Mutual Wills Fencing Contract 20 Spec Section 205 Roadway and Drainage Excavation Insulation Contract Subcontract Agreement Individual Cooperative Interest Appraisal Report Form
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.