What is a notice of trustee sale?
A notice of trustee sale is the public notice that a home will be auctioned on a set date, time and place because the loan is in default. It follows the notice of default in Nevada and Utah. In Texas it is the main public notice, filed with the county clerk at least 21 days before the sale.
Updated November 2026. A plain-language definition, not legal advice.
How it works
Once the cure window after a default has passed, the trustee prepares a notice of sale. It names the property, the trustee and the auction details, and it has to be mailed, posted and published the way state law requires.
The notice is the clearest signal that a home is headed to auction. It is also the last stretch where the owner can still sell, reinstate in some states, or negotiate with the lender.
How it differs by state
Foreclosure rules are set by each state. Here is how it works in the three states we cover most closely.
Nevada
Non-judicial
The sale notice is mailed 20 days ahead, posted on the property 15 days ahead, posted publicly for 20 days and published for three weeks.
Foreclosure in NevadaUtah
Non-judicial
The sale is published once a week for three weeks, the last 10 to 30 days before the sale, and posted at least 20 days before.
Foreclosure in UtahTexas
Non-judicial
Notice goes out by certified mail at least 21 days before the sale, is posted at the courthouse door and is filed with the county clerk.
Foreclosure in TexasWhat to watch
Sales are often postponed. Nevada law even provides for oral postponement of a sale (NRS 107.082), so check the date again the week of the auction.
A notice of sale does not mean the home will reach a third-party buyer. If no one outbids the lender, it goes back to the lender as REO.
Questions people ask
What is a notice of trustee sale?
A notice of trustee sale is the public notice that a home will be auctioned on a set date, time and place because the loan is in default. It follows the notice of default in Nevada and Utah. In Texas it is the main public notice, filed with the county clerk at least 21 days before the sale.
How long after a notice of trustee sale is the auction?
It depends on the state. In Texas the notice must go out at least 21 days before the sale. In Nevada the notice is mailed 20 days ahead and published for three weeks. In Utah the last newspaper notice runs 10 to 30 days before the sale. Sales are also often postponed.
Related terms
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