1. A copy of the RECORDED Deed of Trust
2. A copy of the Note
3. A copy of the RECORDED Assignments if applicable
4. Breakdown of Arrearages, i.e. date delinquency started, monthly payments, monthly late charges and any other costs that may have been paid, i.e. taxes, insurance, inspections, etc.

Foreclosure Method
A Mortgage must be Foreclosed judicially if it does not contain a power of sale. If it contains a power of sale, it may be foreclosed by advertisement and sale. The sale being conducted by the sheriff. Sale by advertisement is by single notice, which is recorded 110 before sale, then published and served on the interested parties.

If a Judicial foreclosure is necessary, a summons and complaint are filed and served. Usually a judgment can be obtained with 90 days of service. Then, a sale is set approximately 60 days later. Therefore, sale by power of sale takes about 130 days while a judicial takes about 160 days.

After either type of sale there is a redemption period. Unless the mortgage is labeled: "MORTGAGE- ONE HUNDRED EIGHTY DAY REDEMPTION" and is similar print agree to this in the mortgage, the redemption period is one year. If this language is in the mortgage, the redemption period is six months. If the mortgage contains this language and the property is abandoned, the redemption period can be reduced to 60 days by court order. It is unclear if this reduction is available in other circumstances.

* A notice of postponement must be published.
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Important Notice
Kleinsmith & Associates, P.C. operates within Fannie Mae fee schedules and timelines and will provide the same coverage as a “FNMA Network Certified” law firm. Should any loss or damage occur as a result of a mistake by our firm during the foreclosure process, which we cannot rectify, Kleinsmith & Associates, P.C. will indemnify the servicer against any loss or damage.