Key Aspects of State Foreclosure Law: 50-State Chart

Check out this 50-state chart to learn about the important features of each state's foreclosure procedures.

When you sign a mortgage or deed of trust as part of a home loan transaction, this document gives the loan owner the right to sell the home through a process called foreclosure if you fail to make the payments. The proceeds from the sale go towards repaying the loan.

Your foreclosure will be governed, in large part, by state law. Below you can learn about some key aspects of foreclosure law in each of the 50 states, plus the District of Columbia.

Key Aspects of Foreclosure Law in Each State

For each state (and D.C.) the foreclosure chart will provide the following information:

The most commonly used foreclosure procedure in the state. A foreclosure can be either judicial (which means the foreclosing party files a lawsuit in court and the case goes through the court system) or nonjudicial (which means the foreclosing party follows a set of state-specific, out-of-court procedural steps to foreclose the home). In some states, foreclosures are always judicial. In other states, the foreclosure may be either judicial or nonjudicial; in those states, usually one or the other is more commonly used. (Learn more about judicial and nonjudicial foreclosures in Will Your Foreclosure Take Place In or Out of Court?)

Is a deficiency judgment allowed? When a house is sold at a foreclosure sale for less than the amount of the outstanding mortgage debt, the difference between the total debt and the foreclosure sale price is called the deficiency. For example, let’s say you owe $300,000 on your mortgage and the home is sold at a foreclosure sale for $250,000. The deficiency is $50,000. Some states let the foreclosing party get a personal judgment—called a “deficiency judgment”—against the borrower for this amount, while other states prohibit deficiency judgments under particular circumstances.

Can you redeem the home after the foreclosure sale? Certain states give foreclosed homeowners a period of time called a "redemption period" to buy back—or "redeem"—the home after a foreclosure. Depending on state law, in order to redeem you have to reimburse the purchaser for the amount he or she paid at the sale (plus certain allowable costs) or repay the total mortgage debt, plus interest and expenses.

Do you get the right to reinstate before the foreclosure sale? A reinstatement occurs when the borrower brings the delinquent loan current in one payment by paying the overdue payments, plus fees and expenses incurred as a result of the default. Once the loan is reinstated, the borrower resumes making regular payments on the debt. In a foreclosure, state law sometimes gives a borrower the right to reinstate up until a specific deadline. You should be aware that, even if state law does not give you the right to reinstate, your mortgage or and deed of trust might.

Getting More Information

The chart below gives basic information about the key aspects of foreclosure law in the states and District of Columbia. It is only a summary of your state’s laws associated with the most common foreclosure process used in the state, and does not tell the entire story. The chart is intended for owners of single-family residences and doesn’t address special laws for agricultural land or the rights of tenants in foreclosed homes owned by their landlords.

To get further information about how foreclosures work in your state, and your rights during the process, talk to a foreclosure attorney.

State

Most common foreclosure process

Deficiency judgment allowed?

Redemption allowed after sale?

Reinstatement available under state law?

Alabama

Nonjudicial

Yes

Yes

No

Alaska

Nonjudicial

No

Not available after a nonjudicial foreclosure, unless the
deed of trust specifically provides a right of redemption

Available any time before sale, but lender can refuse to
reinstate if it filed two or more prior notices of default
and the borrower cured the defaults

Arizona

Nonjudicial

Not for one- or two-family home on 2.5 acres or less

No

Available until 5:00 p.m. on the day before date of sale
(other than a Saturday or legal holiday)

Arkansas

Nonjudicial

Yes

No

Allowed prior to sale

California

Nonjudicial

No

No

Allowed up to five business days before the sale date

Colorado

Nonjudicial

Yes

No

Available until noon the day before the sale provided the
borrower files a notice of intent to cure with the public
trustee no later than 15 calendar days before the sale date

Connecticut

Judicial (strict foreclosure or foreclosure by sale)

Yes

Strict foreclosure: until Law Day

Foreclosure by sale: until court confirms the sale

No

Delaware

Judicial

Yes

Yes (up until court confirms the sale)

No

District of Columbia

Nonjudicial

Yes

No

Allowed up to five business days before the sale, once in two consecutive years

Florida

Judicial

Yes

Yes, but must do so before the clerk files the certificate of sale, or the time stated in the foreclosure judgment

No

Georgia

Nonjudicial

Yes, if a court confirms the sale

No

High-cost home loans may be reinstated until title is transferred

Hawaii

Judicial

Yes

No

No

Idaho

Nonjudicial

Yes

No

Available within 115 days after notice of default is filed with county recorder

Illinois

Judicial

Yes, if borrower is personally served or enters an appearance in the action

Yes, if loan owner purchases the home at the sale and the sale price was less than the total amount owed

Available within 90 days after foreclosure complaint is served
on borrower. Under High-Risk Home Loan Act, foreclosing
party must serve notice of right to reinstate at least 30 days before starting foreclosure lawsuit.

Indiana

Judicial

Sometimes

No

If the borrower reinstates before the court enters judgment, the foreclosure must be dismissed. If the borrower reinstates
after judgment, but prior to the sale, the foreclosure must be
stayed (postponed). Reinstatement also available for high cost home loans (defined in Ind. Code § 24-9-2-8) any time
before title is transferred by means of foreclosure.

Iowa

Judicial

Sometimes

Sometimes

Available within 30 days after notice of default if the land is
nonagricultural

Kansas

Judicial

Yes, unless borrower is served by publication and does not appear in the action

Yes

No

Kentucky

Judicial

Yes, if borrower is personally served or makes an appearance in the action

Sometimes

Generally, no right to reinstate (except as permitted by
the terms of the mortgage). If loan is a high-cost home
loan (under Ky. Rev. Stat. Ann. § 360.100), foreclosing
party must provide a notice of default giving the
borrower at least 30 days to reinstate before filing the
foreclosure complaint.

Louisiana

Judicial (executory proceeding)

Yes

No

No

Maine

Judicial

Yes

No

Borrower has the right to reinstate within 35 days after
receiving the notice of right to cure. Also, lender, in its
sole discretion, may let borrower reinstate the loan any time before the sale.

Maryland

Nonjudicial (court must ratify)

Yes

Yes, but only up until court ratifies the sale

Available until one day before sale date

Massachusetts

Nonjudicial

Yes

No

90-day right to cure

Michigan

Nonjudicial

Yes

Yes

No

Minnesota

Nonjudicial

No (in most cases)

Yes

Available any time before the foreclosure sale

Mississippi

Nonjudicial

Yes

No

Available at any time before the sale

Missouri

Nonjudicial

Yes

Yes

No

Montana

Nonjudicial under Small Tract Financing Act

No (in most cases)

No (in most cases)

Any time prior to sale under the Small Tract Financing
Act

Nebraska

Nonjudicial

Yes

No

Borrower may reinstate by paying amount due within
one month after recordation of notice of default

Nevada

Nonjudicial

Yes (but not in certain cases)

No

Borrower may reinstate up to five days prior to sale

New Hampshire

Nonjudicial

Yes

No

No

New Jersey

Judicial

Yes

Yes, up until court confirms the sale or if lender gets a deficiency judgment

Available up to date of final judgment of foreclosure.
Judgment may be delayed for 45 days if borrower needs
extra time to reinstate.

New Mexico

Judicial

Yes

Yes

Borrower usually gets a 30-day opportunity to reinstate before the foreclosing party initiates foreclosure. Some borrowers may also reinstate at any time prior to the time title is transferred by means of foreclosure sale.

New York

Judicial

Yes, if borrower served personally or appears in the action

No

Available any time before final foreclosure judgment
(foreclosure will be dismissed) and any time after judgment, but before sale (foreclosure will be stayed)

North Carolina

Nonjudicial

Yes, in some cases

Yes, during 10-day upset bid period

No

North Dakota

Judicial

Yes, but not for most owner-occupied homes

Yes

Available within 30 days after service of the notice before foreclosure

Ohio

Judicial

Yes

Yes, up until the court confirms the sale

No

Oklahoma

Judicial

Yes

Yes, up until court confirms the sale

No

Oregon

Nonjudicial

No

No

Available up to five days before sale. The law limits the
amount borrower can be charged in attorney or trustee
fees.

Pennsylvania

Judicial

Yes

No

Available until one hour before the bidding at the
foreclosure sale, but a maximum of three times in one year

Rhode Island

Nonjudicial

Yes

No

No

South Carolina

Judicial

Yes

No, but if lender seeks a deficiency judgment, then borrower can make an upset bid during 30-day period following sale

No

South Dakota

Nonjudicial

Yes

Yes

No

Tennessee

Nonjudicial

Yes

Yes, unless loan documents waive right to redeem

No (except in the case of a high-cost
home loan)

Texas

Nonjudicial

Yes

No

Available within 20 days after foreclosing party serves (mails) the notice of default

Utah

Nonjudicial

Yes

No

Available for three months after notice of default is
recorded

Vermont

Judicial (foreclosure by judicial sale or strict foreclosure)

Yes

Foreclosure by judical sale: redemption period is prior to sale

Strict foreclosure: yes, after foreclosure decree

Available upon agreement before sale

Virginia

Nonjudicial

Yes

No

No

Washington

Nonjudicial

No

No

Available up to 11 days before sale

West Virginia

Nonjudicial

Yes

No

Notice of default must give the borrower ten days to cure the default and reinstate the loan. The borrower
loses the right to reinstate after three defaults.

Wisconsin

Judicial

Yes

No

Available any time before judgment. Borrowers may
reinstate after judgment, but if they subsequently default, the foreclosure will continue.

Wyoming

Nonjudicial

Yes

Yes

No

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