Key Aspects of State Foreclosure Law: 50-State Chart

Check out this 50-state foreclosure law chart to learn about 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 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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