Every foreclosure case can go through many phases from beginning to end. That’s what the “status” line in our search tool is for. It shows which step a foreclosure case is currently in. The following is a general description of what each status means:
Bankruptcy – there are several different effects that a bankruptcy filing can have on a foreclosure action – those are set forth in the law and depend on the kind of bankruptcy filed, the date of filing, and the bankruptcy court orders issued as a result of the filing.
Cured – the homeowners/borrowers (or other person/entity entitled to cure) have brought the loan current prior to the foreclosure sale by paying all amounts plus fees and costs due.
Continued – a sale date may be continued, at the request of the lender’s attorney or by the Public Trustee’s office, for several different reasons. The foreclosure sale, by law, must be held no later than 12 months after the first established sale date. A sale that would be continued beyond that date may be subject to administrative withdrawal.
Deeded or Deed Issued or Confirmation Deed – the property has gone through the foreclosure sale and redemption period without any redemption being made and now the property has been deeded to the successful bidder at the foreclosure sale (the holder of the Certificate of Purchase) or, in the instance of redemption by another qualified person/entity, to the holder of the Certificate of Redemption.
Intent to Cure Filed – means that there has been a Notice of Intent to Cure filed and cure figures have been requested from the lender’s attorney. The cure figures will be provided to the person who wishes to cure the loan default prior to the date of sale. If the funds are timely paid, the foreclosure is withdrawn.
Intent to Redeem Filed – a lienor has filed a Notice of Intent to Redeem form with the Public Trustee’s office in order to exercise the right to redeem after the Foreclosure Sale has been held.
Motion to Set Aside Sale or Sale Set Aside by Court Order – there are many legal reasons why a sale may have to be set aside by court order. A motion has been or is being filed to set aside the sale on the property, or a court order has been entered setting aside a sale previously held. The foreclosure case may be restarted and the sale may be continued to a new date once the order is signed.
NED Recorded – the Notice of Election and Demand for Foreclosure has been recorded with the Clerk and Recorder’s Office, beginning the foreclosure process.
New Foreclosure – The Public Trustee has receceived Notice of Election and Demand for Foreclosure, but it has not yet been recorded with the Clerk and Recorder’s Office.
Redemption – a lienor other than the foreclosing lender has redeemed the property after the foreclosure sale and received a Certificate of Redemption.
Rescinded Sale or Rescission – the foreclosing lender was the successful bidder at the foreclosure sale and, as the holder of the Certificate of Purchase, has filed a Notice of Rescission of Sale. Once a sale has been rescinded, it is essentially set aside and voided as if the sale had never taken place. The foreclosure action may be set for a new sale date if requested by the lender.
Restarted – this can occur when (1) a bankruptcy is filed and then dismissed by the bankruptcy court so that the foreclosure can be restarted; (2) a sale was unknowingly held in violation of a bankruptcy stay order and the sale is set aside by court order; or (3) there is relief from a stay order granted by the bankruptcy court and the foreclosure can begin again.
Sold – the property has been sold at foreclosure sale and the case is in the redemption period.
Temporary Restraining Order – A court of competent jurisdiction has issued an order temporarily restraining anyone from proceeding with the foreclosure action.
To be Withdrawn or Withdrawn – There are several reasons why a foreclosure action can or must be withdrawn: the owners have worked directly with the lender to bring their loan current, the sale has not been held in a timely manner and cannot be continued, etc. Once a foreclosure is withdrawn, if the default remains or occurs again, a new foreclosure action may be started by the lender.