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
- Notice of default, cure period
- Notice of sale, public auction
- Trustee’s deed to buyer
FL Distinction
- FL: judicial foreclosure only
- Trustee sales: other states
Buyer Risks
- Title: senior liens survive
- As-is, no warranty
- Occupancy, overbidding
Related Terms
- Trustee’s Deed — Deed type
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