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The Notice of Sale Should Be Delayed if
an Heir Contacts the Trustee in Advance
What?
• An heir (a person claiming to be a successor-in-
interest) contacts the trustee, naming the
borrower and property address.
When?
• Before the trustee records the Notice of
Trustee’s Sale.
How?
• The trustee shall not record a notice of trustee’s
sale until the heir has an opportunity to provide
documentation (1) of the borrower’s death, and
(2) of the heir’s interest in the property, on the
timeline stated above.
Shorter Timeline if an Heir Contacts the
Trustee After the Notice of Sale
What?
• An heir (a person claiming to be a successor-in-
interest) contacts the trustee naming the
borrower and property address.
When?
• After the trustee records the Notice of Trustee’s
Sale.
How?
• The trustee must request written documentation
of ownership within 5 days. If the heir provides
documentation (1) of the borrower’s death and
(2) of the heir’s interest in the property, then the
trustee must provide loan details and
information about the loan modification process.
But this could come after the sale. Only if the
heir provides the documentation at least 45 days
before the sale, then the trustee must provide
the loan details and information about the
modification process at least 20 days before the
trustee’s sale.
January 2020 | Page 46
