Depending on the state where the property is located and that state's law, the nonjudicial foreclosure cannot proceed until after a certain period. This gives the borrower time to cure the default by making all payments and paying all owed late fees and expenses. In some jurisdictions the sale cannot be scheduled before ninety days. In some states there is only a thirty-day waiting period.

There is a requirement to advertise the sale. For several weeks before the scheduled sale, the sale is advertised in the local newspaper and legal journals, and required public notices are posted. It is also common to post a notice of the sale on the property being foreclosed. At anytime during the process, the lender and the borrower can continue to negotiate and attempt to find a way to avoid the sale by bringing the loan current.

The date, time, and place of the sale is always required to be included in the sale notice. It is common that multiple properties are scheduled for sale on the same day by the trustee.

The lender and borrower who were mailed a copy of the notice of default are now sent a copy of the notice of sale. Any taxing agencies entitled to receive notice will also be provided with a copy of the notice of the sale. The Internal Revenue Service (IRS) is also routinely provided with a notice of sale.

As part of the process, an affidavit of nonmilitary status is prepared. The affidavit is a sworn statement that to the best of the lender's knowledge the subject property owners are not in active military service. This signed affidavit is routinely required before the actual sale because of certain protections granted to military personnel by the Soldiers' and Sailors' Civil Relief Act of 1940. It is rare when a property owner claims protection under the act, but it could happen.