In some states, foreclosures take considerably longer than in others. Learn where and why.
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In some states, foreclosures can take a very long time, sometimes as long as a few years. According to a 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 a lengthy 885 days in the third quarter of 2022.
If you're facing a foreclosure in a state where it takes a lot amount 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.
Read on to learn where (and why) some foreclosures take longer than others.
Judicial Foreclosures Usually Take Longer Than Nonjudicial Ones
Depending on the state and circumstances, a foreclosure will be either 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 a lot longer than a nonjudicial one.
Backlogged courts, judges' schedules, hearings, and required paperwork all 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 that some states have long timelines is due to federal and state foreclosure prevention efforts.
- Foreclosure relief programs. Foreclosure relief programs, like the states' Homeowner Assistance Fund programs and COVID-relief options, have extended foreclosure timelines for many owner-occupied homes.
- Foreclosure laws. California, Colorado, Minnesota, and Nevada, for instance, have all passed laws to increase homeowner protections, which can slow down the 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 passed foreclosure mediation laws that can delay the foreclosure process.
- Changes to 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 third quarter of 2022, according to ATTOM Data Solutions, foreclosures in the following states took an exceptionally long time.
Hawaii
Hawaii had the longest foreclosure timelines, averaging 2,121 days (over five years).
New Jersey
In New Jersey, the foreclosure process averaged 2,002 days.
Louisiana
Foreclosures in Louisiana took around 1,963 days to complete.
Kansas
Foreclosures in Kansas lasted around 1,848 days.
New York
The foreclosure process in New York took, on average, 1,808 days.
States With the Fastest Foreclosure Timelines
On the flip side, as of the third quarter of 2022, the following states had the shortest timelines: Minnesota (113 days), Mississippi (167 days), Texas (168 days), Nebraska (168 days), and Missouri (172 days).
Talk to an Attorney
If you live in a state where foreclosures tend to 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 a number of factors, and your foreclosure could be longer or shorter than the state average.
To find out how long a foreclosure is likely to take in your circumstances and get advice specific to your situation, consider talking to a local foreclosure attorney.
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