Foreclosure Action Procedure and Checklist

Jun 10, 2020

Whether you are currently in a foreclosure action or if you need to commence a foreclosure action, Rosell & Love can help.

Before Commencement

  • Send notice of default to the borrower.
  • Obtain title report and conduct a search of the uniform commercial code central filing system for parties holding a security interest.


  • File/Issue Summons, Petition & Lis Pendens (and Applicaiton for a Receiver, if necessary).
  • File Affidavit of Military Service.
  • Record certified copy of Notice of Lis Pendens in the County Clerk’s Office.
  • Obtain service of summons and petition on all parties.
  • Obtain title update through date of Lis Pendens, and amend Petition if necessary.
  • Move for Default or Summary Judgment . 
  • Obtain & file judgement.
  • Mail Judgment to all parties.
  • Execution.
  • Have Special Execution issued by Court Clerk.
  • Deliver Special Execution, Notice of Sale, Appraisement and Sheriff Return to County Sheriff.
  • Sheriff conducts appraisal and sets date of Sheriff’s Sale.
  • Sheriff publishes Notice of Sheriff’s Sale.
  • Send Notice of Sheriff’s Sale to all persons with an interest in the property.
  • File Affidavit attesting that notice of Sheriff’s Sale was properly given.
  • Obtain bidding instructions from client.
  • Attend Sheriff’s Sale (usually six weeks after Special Execution issued).
  • Complete Sheriff’s Return of Sale.
  • File Motion to Confirm Sale & obtain hearing date.
  • Serve Motion to Confirm on all parties and publish if any party’s address is unknown.
  • File Affidavit attesting that notice of hearing on Motion to Confirm was properly given.
  • Obtain and file Order Confirming Sale.
  • Mail Order Confirming Sale to all Parties.
  • Obtain Sheriff’s signature on Sheriff’s Deed and record with County Clerk.
  • Obtain title policy.
  • File motion for attorney fees.
  • Obtain and file Order Awarding Attorney fees.
  • Move for Deficiency Judgment (must be done within ninety days after sale.)
  • Obtain and file Journal Entry of Deficiency Judgment.
  • Apply for Hearing on Assets.
  • Obtain and serve Order directing Hearing on Assets.
  • Conduct Hearing on Assets.
  • Execute on Deficiency Judgment.

Need a good attorney to walk you through this process? Contact Rosell & Love today.