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Valaria
Feb 9, 2013, 03:56 PM
I won a court decision to foreclosure on a property. My lien is superior to that of the mortgage company. The property will eventually be sold at auction. The party in default has signed an In Rem Judgment to me, approved and filed for record.

My questions: Will a default notice still have to be published in the local newspaper? Or does the Judgment take care of that so I can go straight to auction?

(After three courts and five years of legal battles, I am destitute so cannot hire another lawyer to answer these questions). If you have any experience in these matters, I would be very appreciative of your response.

AK lawyer
Feb 9, 2013, 04:42 PM
Will a default notice still have to be published in the local newspaper?

Default notice? No, if they were defaulted, notice of such wouldn't have to be published. Do you mean a notice of sale?

Depends upon state law and local practice. Does the judgment provide for a judicial sale? Ask the clerk of court, who normally is responsible for such a sale.


After three courts and five years of legal battles, I am destitute so cannot hire another lawyer to answer these questions.

This is strange. One would think that after all that your lawyers would be willing to stick around enough to finish the job.