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Foreclosure · 3 statesNonjudicial foreclosure by state: notice periods, publication and the sale

When a seller is behind on the mortgage, the foreclosure sale date sets the outside deadline for closing a sale or short sale. Arizona: the trustee records a notice of sale, mails it, posts it 20 days before and publishes it four weeks; the sale can't be sooner than the 91st day after recording, and the owner can reinstate until 5 p.m. the last business day before it (A.R.S. §§33-808, 33-813). Oklahoma: the lender first sends a certified-mail notice giving 35 days to cure; the notice of sale is then served at least 30 days before the sale, published weekly for four weeks starting at least 30 days before, and recorded; the sale is held between 9 a.m. and 5 p.m. on a day other than Sunday or a holiday, and a homestead owner can elect judicial foreclosure by certified notice at least ten days before the sale (46 O.S. §§43–45). Alabama: notice is published once a week for three successive weeks in a county newspaper, and the sale is held at the courthouse door between 11 a.m. and 4 p.m. (Ala. Code §§35-10-13, 35-10-14).

Each state's notice and sale rules

  1. Arizona (§§33-808, 33-813)

    Sale no sooner than day 91 after recording; reinstate until the last business day before.

  2. Oklahoma (46 O.S. §§43–45)

    35-day cure notice; notice of sale served 30 days before; four weeks of publication; homestead election.

  3. Alabama (§§35-10-13, 35-10-14)

    Three weeks of newspaper notice; courthouse door, 11 a.m.–4 p.m.

What the TC does on a listing in foreclosure

  • Put the published or recorded sale date on the file as the outside closing deadline.
  • Order the payoff or reinstatement figure early and send it to the title company.
  • Tell the agents and the seller's attorney right away about any postponement or new sale date.

Questions about nonjudicial foreclosure timing

How long does a nonjudicial foreclosure take after the first notice?

In these states the statutes set minimums: Arizona's sale is no sooner than the 91st day after the notice of sale is recorded (A.R.S. §33-808(C)); Oklahoma requires a 35-day cure notice before the notice of sale, then at least 30 days' service before the sale (46 O.S. §§44, 45); Alabama requires three weeks of published notice (Ala. Code §35-10-13).

Can the owner stop the sale by catching up?

In Arizona, until 5 p.m. on the last business day before the sale (A.R.S. §33-813); in Oklahoma, the 35-day notice gives a right to cure, and the notice of sale advises of the right to redeem by paying all sums secured before the deed is delivered (46 O.S. §§44, 45(A)).

State guides

Add the foreclosure sale date as a dated task on the deal in ClosingCode.

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Sources: A.R.S. §§33-808, 33-813 (azleg.gov); 46 O.S. §§43–45 (oklegislature.gov); Ala. Code §§35-10-13, 35-10-14 (alison.legislature.state.al.us); all read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.