How to File a Notice of Default on a Property
When a homeowner defaults on a mortgage, the lender may initiate foreclosure proceedings in an effort to either collect on the amount due or take the property back. The first step in a foreclosure proceeding is to file a Notice of Default (see References 1 and 2). The purpose of this notice is to inform you and the general public that the property may be sold unless the default is resolved (see References 2). A Notice of Default must be filed in your local Office of the County Recorder in the county where the property is located (see References 1).
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Things You'll Need
- Completed notice of default
- Default property address
- Address of County Recorder
Instructions
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1
Draft a Notice of Default. First, ensure the the property is actually in default. Filing fraudulent notices is a serious offense. Address the notice to the County Recorder. Next, identify your organization (the lender), list the property and where it is recorded, and describe the nature of the default. To aid in drafting this document, review the form located in the Resources section below.
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2
Determine which county the property is located in.
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3
Visit the Office of the County Recorder in the county where the property is located.
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4
Give the clerk your completed Notice of Default and pay any applicable fee. Ask for a copy of the notice, along with proof that you filed it. The County Recorder's Office will then publish your notice.
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5
Send a letter to the debtor indicating that you filed the Notice of Default.
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