Trustee Sale

Definition: A trustee sale is a public auction of real property conducted by a trustee after a borrower defaults on a deed of trust. The trustee sells the property to recover the debt owed to the lender. This process is commonly used in states that allow nonjudicial foreclosure, meaning the sale can occur without court involvement.

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Trustee Sales

Trustee sale: public auction under deed of trust. Process: notice of default, 90-day cure period, notice of sale (published), public auction, and trustee’s deed issued. FL: does NOT use trustee sales (judicial foreclosure instead). Common: CA, TX, AZ (non-judicial states). Buyer risks: title (senior liens survive, junior extinguished), condition (as-is), occupancy (eviction needed), no warranty, and overbidding. Borrower can cure before sale. Due diligence essential.

Process

FL Distinction

Buyer Risks

Related Terms

Barnes Walker Real Estate

Barnes Walker’s attorneys advise on foreclosure sales. Request a legal inquiry for assistance.

Florida Law Reference

Fla. Stat. Ch. 736 (Florida Trust Code)

The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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