Also known as: courthouse door · public auction · foreclosure sale
Written by attorneys · grounded in primary & secondary sources — see below
A location for the posting of notices of judicial sale on or immediately adjacent to the entrance of the courthouse building.
Atlas Ventures held a senior mortgage on property owned by Andre Antoine. After default and acceleration the trustee scheduled a foreclosure sale. The trustee posted the sale notice at the courthouse door as required by state procedure. The sale price fell short of the debt. Atlas Ventures then obtained a deficiency judgment against Andre Antoine.
Alliance Holdings purchased land subject to an earlier-recorded easement benefiting Alexis Archer. A later mortgage on the burdened parcel went into default. The mortgagee posted the foreclosure sale notice at the courthouse door. The purchaser at the sale took title subject to the easement because the mortgage lacked priority over the servitude.
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Adam Anderson obtained a charging order against Albert Allen's transferable interest in a partnership. Distributions proved insufficient to satisfy the judgment. The court ordered foreclosure of the charging order lien. Notice of the sale of the transferable interest was posted at the courthouse door. The buyer acquired only the economic interest and did not become a partner.
Anika Anand lost her home at a foreclosure sale conducted by Apex Dynamics. State law granted a statutory redemption period. Notice of the sale had been posted at the courthouse door. Anika Anand tendered the sale price plus interest and costs within the statutory window. The purchaser took title subject to the redemption right until the period expired.
Alfred Ashford brought a damages action against federal agents for an alleged unlawful search. The court required public notice of a related judicial sale of seized property. The notice was posted at the courthouse door. The posting satisfied the procedural requirement for informing interested parties of the sale date and location.
Argonaut Shipping challenged a foreclosure sale on standing grounds. The mortgagee had posted the required sale notice at the courthouse door. The court examined whether the plaintiff had standing to contest the proceeding. The notice posting met the statutory location requirement regardless of the standing determination.
Notice must be posted at the courthouse door or in direct proximity to it on a bulletin board regularly used for legal notices. Some statutes require actual placement on the door itself.
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Posting satisfies the location requirement for public notice. Omission of necessary parties such as junior lienholders may still prevent extinguishment of their interests even when the posting location is correct.
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The posting provides public notice of the sale that triggers the redemption period. Where statutory redemption exists the purchaser takes subject to the right until the period expires.
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…was effectively amended to give the Board freedom to put Trans Union up for auction sale to the highest bidder; or (b) that a public auction was in fact permitted to occur. The minutes of the Board meeting make no reference to any of this. Indeed, the record compels the conclusion that the directors had no rational basis for…