What is a trustee sale?
A trustee sale is a public auction of a home run by the trustee named in a deed of trust, without a court case, after the borrower defaults and the notice periods run out. The highest bidder wins, usually paying with certified funds. It is how most foreclosures in Nevada, Utah and Texas end.
Updated November 2026. A plain-language definition, not legal advice.
How it works
The trustee or its agent reads the sale aloud at the time and place in the notice. The lender usually opens with a credit bid. Outside bidders can then bid up, and the highest bid wins.
If an outside bidder wins, the trustee issues a trustee's deed after payment. If no one outbids the lender, the home goes back to the lender and becomes REO, or bank-owned.
How it differs by state
Foreclosure rules are set by each state. Here is how it works in the three states we cover most closely.
Nevada
Non-judicial
Nevada's trustee sale rules are in NRS Chapter 107, including the time and place of sale (NRS 107.081). There is no right to redeem after the sale.
Foreclosure in NevadaUtah
Non-judicial
Utah trustee sales follow Utah Code § 57-1-24 and the sections after it. There is no right to redeem after the sale.
Foreclosure in UtahTexas
Non-judicial
Sales are held on the first Tuesday of the month between 10 a.m. and 4 p.m. at the county courthouse. There is no right to redeem after the sale, and a lender has two years to sue for a deficiency.
Foreclosure in TexasWhat to watch
You usually can't inspect inside before bidding, and the home is sold as is.
Some liens and taxes can survive the sale. Run a title search before you bid.
If the home is occupied, you may need an eviction or a cash for keys deal after the sale.
Questions people ask
What is a trustee sale?
A trustee sale is a public auction of a home run by the trustee named in a deed of trust, without a court case, after the borrower defaults and the notice periods run out. The highest bidder wins, usually paying with certified funds. It is how most foreclosures in Nevada, Utah and Texas end.
What is the difference between a trustee sale and a sheriff's sale?
A trustee sale is the auction in a non-judicial foreclosure, run by the trustee named in the deed of trust with no court case. A sheriff's sale is the usual auction in a judicial foreclosure, held after a court orders the sale.
Related terms
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