Foreclosure

• Review request for action by client.
• Order or perform title search.
• Inspect property and, if necessary, make arrangements for boarding up vacated premises.
• Order appraisal.
• Order tenant/debtor search if necessary.
• Draft foreclosure report and/or memorandum to client.
• Review foreclosure report with respect to priority of lienholders, whether any assignments are to be made, and determine parties to be served.
• Draft foreclosure complaint.
• Draft and record notice of Lis Pendens to warn all persons that title is in litigation.
• Draft motions and orders for default.
• Check for federal tax liens 30 days prior to sale.
• Check for unpaid real and personal property taxes. Confirm any penalty and interest calculations.
• Draft decree of foreclosure.
• Record all proofs of service, affidavits of mailing, and notices of publication prior to sale.
• If appropriate, draft and serve notice of nonjudicial sale on IRS.
• Draft trustees' notice of sale and arrange for publication.
• Draft bid sheet for sale.
• Draft deed in lieu of foreclosure and estoppel affidavits.
• Draft and serve trustees' notice of sale on grantor's subsequent lien creditor.
• Pursuant to local authority, appear at time and place set for sale to bid on behalf of client or postpone sale.
• Draft post-sale documents, including motion for writ of assistance and order approving sale.
• Draft trustees' deed or sheriff's deed after sale.
• Draft notice of maritime lien.
• Draft complaint, satisfaction, and decree for foreclosure of maritime lien.
• Draft correspondence to occupants giving notice to vacate.
• Draft complaint in forcible detainer action to remove occupants.
• Take possession, satisfy, and transmit promissory note and original deed of trust to trustees.

Note - Some of the information contained in the Litigation and Real Estate sections of this publication also includes work performed in the Foreclosure specialty area.