States With Long Foreclosure Timelines

Foreclosure procedures vary from state to state, and so does the duration. In some states, foreclosures can take a very long time, sometimes a few years.

How Long Does It Take to Foreclose on a House?

According to a 2024 foreclosure report from ATTOM Data Solutions, the average number of days for a foreclosure between the first public notice of foreclosure and the end of the foreclosure was an average of 720 days in the fourth quarter of 2023.

But in some states, the process was typically much longer. (And in others, the timeline is shorter.)

Judicial Foreclosures Usually Take Longer Than Nonjudicial Ones

Depending on the state and circumstances, a foreclosure will be judicial or nonjudicial.

How Judicial Foreclosures Work

Judicial foreclosures go through the state court system, meaning the courts are involved in every step of the foreclosure. So, a judicial foreclosure often takes much longer than a nonjudicial one.

Backlogged courts, judges' schedules, hearings, and required paperwork contribute to a prolonged process. Courts are often unable to process large volumes of foreclosures in an expedited manner.

How Nonjudicial Foreclosures Work

In a nonjudicial foreclosure, the lender doesn't have to go through court to foreclose. For this reason, nonjudicial foreclosures are typically faster than judicial ones. But not always.

Homeowner Protection Laws Delay Foreclosures

Another reason some states have long timelines is federal and state foreclosure prevention efforts.

• Foreclosure relief programs. Foreclosure relief programs, such as states' Homeowner Assistance Fund programs and COVID-relief options, extended foreclosure timelines for many owner-occupied homes.
• Foreclosure laws. Some states, like California, Colorado, Minnesota, and Nevada, for example, have laws that provide extensive homeowner protections, which can slow down the foreclosure process. Foreclosures can take a long time because lenders and servicers must comply with the requirements under these laws.
• Mediation laws. Some states, cities, and municipalities have foreclosure mediation laws that can delay the foreclosure process.
• Mortgage servicing laws. Federal laws that went into effect in 2014 added federal protections for homeowners in foreclosure. For example, a mortgage servicer generally can't officially begin the process until the borrower is more than 120 days overdue on payments.

To learn about your options if you are facing foreclosure, get Nolo's The Foreclosure Survival Guide.

Top Five States With the Longest Foreclosure Timelines

As of the fourth quarter of 2023, according to ATTOM Data Solutions, foreclosures in the following states took an exceptionally long time.

Louisiana

Foreclosures in Louisiana took around 2,641 days to complete.

Hawaii

Hawaii also had long foreclosure timelines, averaging 2,031 days.

New York

The foreclosure process in New York took, on average, 2,006 days.

Nevada

Nevada had extended foreclosure timelines, averaging 1,816 days (over seven years).

Kentucky

Foreclosures in Kentucky took around 1,643 days.

States With the Fastest Foreclosure Timelines

On the flip side, as of the third quarter of 2023, the following states had the shortest timelines: Montana (169 days), Wyoming (169 days), Texas (171 days), Michigan (205 days), and Missouri (214 days).

States With the Highest Foreclosure Rates

According to ATTOM Data Solutions, the ten states with the highest foreclosure rates in 2023 were New Jersey, Illinois, Delaware, Maryland, Ohio, South Carolina, Nevada, Florida, Connecticut, and Indiana.

Options Available to Borrowers During Foreclosure

If you're facing a foreclosure in a state where it takes a lot of time to complete the process, you'll probably have plenty of time before losing your home to:

• try to work out an alternative to foreclosure, like a modification, short sale, or deed in lieu of foreclosure, or
• live in your home without making payments before the foreclosure is completed.

Talk to an Attorney

If you live in a state where foreclosures usually take a long time, and you're about to go through one, you likely will have plenty of time to apply for (and hopefully get) an alternative to foreclosure.

But keep in mind that the timelines discussed in this article are averages. The actual length of any individual foreclosure depends on many factors, and your foreclosure could be longer or shorter than the state average.

Consider talking to a local foreclosure attorney to find out how long a foreclosure will take and get advice on your situation.