Key Aspects of State Foreclosure Law: 50-State Chart

Review this 50-state chart to learn about foreclosure laws and procedures by state.

Updated by , Attorney · University of Denver Sturm College of Law

If you're in foreclosure or about to become delinquent on mortgage payments, you should understand your state's foreclosure process and procedures. The foreclosure process is governed, in large part, by state law.

In the chart below, you'll find state-by-state foreclosure laws, plus foreclosure information for the District of Columbia. You can also get links to articles with details about foreclosure procedures in your state by clicking on your state's name.

A State-by-State Overview of Foreclosure Laws

For each state and the District of Columbia, the foreclosure chart below provides the following information:

Most Commonly Used Foreclosure Procedure In the State

A foreclosure can be either:

  • judicial (the foreclosing party files a lawsuit, and the case goes through the court system) or
  • nonjudicial (the foreclosing party follows a set of state-specific, out-of-court procedural steps to foreclose).

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. The chart below says which process is used most often in a particular state.

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, say you owe $300,000 on your mortgage loan, 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.

In the chart below, this column states whether a deficiency judgment is allowed during or after the most commonly used foreclosure procedure for that particular state.

Is There a Redemption Period After the Foreclosure Sale?

Certain states give foreclosed homeowners a "redemption period" to buy back or "redeem" the property after a foreclosure. To redeem, depending on state law, you'll either have to reimburse the purchaser for the amount paid at the sale, plus allowable costs, or repay the total mortgage debt, plus interest and expenses.

The chart below shows whether a borrower gets a redemption period after the most commonly used foreclosure procedure in each state.

Do You Get the Right to Reinstate Before a 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 due to 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. Even if state law doesn't give you the right to reinstate, your mortgage or deed of trust might provide this right. Or your lender might agree to let you reinstate the loan.

In the chart below, this column indicates whether state law provides a reinstatement right during the most commonly used foreclosure procedure for that particular state.

What to Keep in Mind When Reviewing the Chart of Foreclosure Laws

As you review the following chart, keep the following in mind.

The foreclosure information in the chart summarizes your state's laws. It gives only basic information about the key aspects of foreclosure law in the states and District of Columbia for the foreclosure process listed (nonjudicial or judicial). For more details about the process, read the state-specific articles covering foreclosure laws in your state (see links below).

Also, the information is intended for owners of single-family residences and it generally doesn't address special laws, such as those for agricultural land or the rights of tenants in foreclosed homes owned by landlords.


Laws change. Foreclosure laws and procedures are complex and subject to change by legislatures and to interpretation by courts.

The information likely discusses only your state's most common foreclosure method. For example, the chart could provide information about nonjudicial foreclosures for the states where that is the most common procedure, even though judicial foreclosures are also allowed.

You can do additional research or ask a lawyer to get more information. You should use this information as a starting point for additional research. To find out specific information about foreclosure laws in your state and how they apply to your particular situation, consult a local foreclosure attorney.

50-State Chart of Foreclosure Laws

State

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 (However, to avoid the District of Columbia's mediation program and due to other factors, lenders sometimes choose the judicial process.)

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 (In the past, most foreclosures in Hawaii were nonjudicial. However, some lenders have switched to judicial foreclosures to bypass Hawaii's Mortgage Foreclosure Dispute Resolution Program. Also, a nonjudicial foreclosure can be converted to a judicial foreclosure in some instances.)

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, generally

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 the upset bid period (initial upset-bid period lasts for 10 days after the report of sale is filed)

No

North Dakota

Judicial

Yes, but not for most owner-occupied homes

Yes (but not abandoned properties)

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 (unless the mortgage is a short-term redemption mortgage, then 20 days before acceleration)

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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