In carrying out the judgment of a foreclosure action, a sale of real property or interest therein must be performed at a public auction. Prior to the auction, RPAPL §231 lays out the notice requirements the mortgage lender must meet in preparation of the auction to ensure that the property is sold as close to its full value as possible. The Notice of Sale must set out the description of the property as well as the time and location of the auction. These details must be advertised in whatever local newspaper is available in the county the property is located in. If there is no newspaper in that county, the officer may place the notice in an adjacent county’s newspaper publicizing the auction. The notice must run either twice a week for three weeks, or once a week for four weeks; the weeks in both cases being successive. If the notice is run for three weeks, the date of the sale must fall between the 21st and 28th day after the first day of publication. Alternatively, if the notice is run for four weeks, the date of sale must fall between the 28th and 35th day after the first day of publication.

If you need assistance with a foreclosure notice of sale, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.