Alaska · ForeclosureAlaska trustee's sale: the notice of default, the 90-day minimum and the right to cure

An Alaska deed of trust with a power of sale can be enforced by the trustee without going to court. The trustee may sell without a court decree if it follows the deed of trust and the statute's notice rules, but not after the deed of trust has been foreclosed judicially or the beneficiary has sued on the note and obtained a judgment (AS 34.20.070(a)). Not less than 30 days after the default and not less than 90 days before the sale, the trustee records a notice of default in the recording district, giving the trustor, the recording reference, the property and street address, the breach, the sum owing, the election to sell, the date, time and place of sale and the cure statement (AS 34.20.070(b)). Within 10 days after recording, copies go by certified mail – or personal delivery – to the trustor, record successors, occupants and junior lienholders (AS 34.20.070(c)). A payment default can be cured at any time before the sale by paying the amount then in default, not accelerated principal, plus foreclosure fees and costs actually incurred, though if notice of default was recorded and cured two or more times before under the same deed of trust, the trustee may refuse and continue (AS 34.20.070(b), (e)). The sale is a public auction at the front door of a superior court courthouse in the judicial district, after notice given as for execution sales (AS 34.20.080(a)).