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

Updated By Amy Loftsgordon, Attorney

When you sign a mortgage or deed of trust as part of a home loan transaction, this document gives the lender the right to sell the home through a process called foreclosure if you fail to make the loan payments. The lender uses the proceeds from the sale to pay off the home loan. What procedures will apply to your foreclosure will be governed, in large part, by state law. Below you can learn about some key aspects of foreclosure 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 lender 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, lenders may use either a nonjudicial or judicial process; in those states, usually one or the other is more commonly used.

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 $200,000 on your mortgage and the home is sold at a foreclosure sale for $150,000. 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.

Is there a statewide foreclosure mediation program? Some states, as well as a number of cities and counties, have instituted mediation programs for struggling homeowners facing foreclosure. Although there’s no guarantee that you can avoid foreclosure by participating in a mediation program, you might be able to arrange a loan modification, short sale, or deed in lieu of foreclosure.

Getting More Information

You can access Nolo’s Foreclosure Law Center for each state by clicking on the state link in the first column of the below chart. In the state Foreclosure Law Centers you’ll find detailed articles on that state’s foreclosure procedures, law on deficiency judgments after foreclosure, rules on the right of redemption, and foreclosure mediation program (if there is one). You’ll also find information on state programs that help struggling homeowners, information about HOA, COA, and timeshare foreclosures, and more.

State	Most common foreclosure process	Deficiency judgment allowed?	Redemption allowed after sale?	Statewide foreclosure mediation program available?
Alabama	Nonjudicial	Yes	Yes	Yes
Alaska	Nonjudicial	Nonjudicial: no Judicial: yes	Nonjudicial: only if allowed by deed of trust Judicial: yes	No
Arizona	Nonjudicial	Nonjudicial: Not for one- or two-family home on 2.5 acres or less Judicial: Not for one- or two-family home on 2.5 acres or less and the mortgage/deed of trust being foreclosed was a purchase-money loan	Nonjudicial: no Judicial: yes	No
Arkansas	Nonjudicial	Yes	Nonjudicial: no Judicial: yes (unless mortgage contains a waiver)	No
California	Nonjudicial	Nonjudicial: no Judicial: sometimes	Nonjudicial: no Judicial: sometimes	No, but under state law a borrower may request a meeting with lender to discuss alternatives to foreclosure
Colorado	Nonjudicial	Yes	No	No, but Douglas County has a foreclosure mediation program
Connecticut	Judicial (strict foreclosure or foreclosure by sale)	Yes	Strict foreclosure: until Law Day Foreclosure by sale: until court confirms the sale	Yes
Delaware	Judicial	Yes	Yes (up until court confirms the sale)	Yes
District of Columbia	Nonjudicial	Yes	No	Yes
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, but some circuits offer foreclosure mediation
Georgia	Nonjudicial	Yes, if a court confirms the sale	No	No
Hawaii	Judicial	Judicial: yes Nonjudicial: no (if home is residential, owner-occupied)	No	Yes (available only if foreclosure is nonjudicial)
Idaho	Nonjudicial	Yes	Nonjudicial: no Judicial: yes	No
Illinois	Judicial	Yes, if borrower is personally served or enters an appearance in the action	Yes, if lender purchases the home at the sale and the sale price was less than the total amount owed	No, but foreclosure mediation programs are available in certain counties
Indiana	Judicial	Sometimes	No	Yes
Iowa	Judicial	Sometimes	Sometimes	Yes
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	No, but foreclosure conciliation program is available in Jefferson county
Louisiana	Judicial (executory proceeding)	Yes	No	No
Maine	Judicial	Yes	No	Yes
Maryland	Nonjudicial (court must ratify)	Yes	Yes, but only up until court ratifies the sale	Yes
Massachusetts	Nonjudicial	Yes	Nonjudicial: no Judicial: yes	No , but certain cities have mediation program ordinances
Michigan	Nonjudicial	Yes	Yes	No
Minnesota	Nonjudicial	Nonjudicial: no (in most cases) Judicial: yes	Yes	No, but foreclosure prevention counseling is available
Mississippi	Nonjudicial	Yes	No	No
Missouri	Nonjudicial	Yes	Yes	No
Montana	Nonjudicial under Small Tract Financing Act	No (in most cases)	No (in most cases)	No
Nebraska	Nonjudicial	Yes	Nonjudicial: no Judicial: up until court confirms the sale	No
Nevada	Nonjudicial	Yes (but not in certain cases)	Nonjudicial: no Judicial: yes	No, statewide foreclosure mediation program ended June 30, 2017
New Hampshire	Nonjudicial	Yes	No	No
New Jersey	Judicial	Yes	Yes, up until court confirms the sale or if lender gets a deficiency judgment	Yes
New Mexico	Judicial	Yes	Yes	No, but some counties have a foreclosure mediation program
New York	Judicial	Yes, if borrower served personally or appears in the action	No	Yes
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	No
Ohio	Judicial	Yes	Yes, up until the court confirms the sale	Yes
Oklahoma	Judicial	Judicial: yes Nonjudicial: yes, but not if property is a homestead and borrower elects against a deficiency judgment	Judicial: up until court confirms the sale Nonjudicial: up until completion of the sale	No
Oregon	Nonjudicial	Nonjudicial: no Judicial: yes, but not after foreclosure of a residential trust deed	Nonjudicial: no Judicial: yes	Yes
Pennsylvania	Judicial	Yes	No	No, but some counties have a foreclosure mediation program
Rhode Island	Nonjudicial	Yes	Nonjudicial: no Judicial: yes	Yes
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, but borrower has the right to participate in foreclosure intervention process and the court can require mediation
South Dakota	Nonjudicial	Yes	Yes	No
Tennessee	Nonjudicial	Yes	Yes, unless loan documents waive right to redeem	No
Texas	Nonjudicial	Yes	No	No
Utah	Nonjudicial	Yes	Nonjudicial: no Judicial: yes	No
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	Yes
Virginia	Nonjudicial	Yes	No	No
Washington	Nonjudicial	Nonjudicial: no Judicial: yes	Nonjudicial: no Judicial: yes	Yes
West Virginia	Nonjudicial	Yes	No	No
Wisconsin	Judicial	Yes	No	No, but some counties have a foreclosure mediation program
Wyoming	Nonjudicial	Yes	Yes	No

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Key Aspects of State Foreclosure Law: 50-State Chart