States With Long Foreclosure Timelines

In some states, foreclosures can take a very long time, sometimes as long as a few years. According to a U.S. Foreclosure Market 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 930 days in the first quarter of 2021. In states with prolonged timelines, a foreclosure might take as long as five years or so.

If you're facing foreclosure in a state where it takes a considerable 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 which states have lengthy foreclosure timelines and the factors that influence how long a foreclosure might take. (To learn what to do, and what not to do, in a foreclosure, see Foreclosure Do’s and Don’ts.)

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, which means the courts are involved in every step of the foreclosure. As a result, 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 often faster than judicial ones.

Homeowner Protection Laws Delay Foreclosures

Another reason that some states have long timelines is due to federal and state foreclosure prevention efforts.

• Foreclosure moratoriums and mortgage forbearance programs. Various foreclosure moratoriums due to the coronavirus (COVID-19) pandemic, and the Coronavirus Aid, Relief, and Economic Security (CARES) Act mortgage forbearance program have extended foreclosure timelines for owner-occupied homes by at least a year.
• Foreclosure laws. California, Colorado, Minnesota, and Nevada, for instance, 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.
• Mortgage servicing laws changed in 2014. 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 first quarter of 2021, according to ATTOM Data Solutions, foreclosures in the following states took an exceptionally long time.

Arizona

As of the first quarter of 2021, Arizona had the most extended timeline, coming in at 1,939 days (over five years).

New Jersey

The foreclosure process in New Jersey took (on average) 1,764 days.

New York

New York had the third-longest foreclosure timeline, averaging 1,691 days.

Pennsylvania

Foreclosures in Pennsylvania took around 1,654 days to complete.

Hawaii

The Hawaii foreclosure process took, on average, 1,650 days.

States With the Fastest Foreclosure Timelines

On the flip side, as of the first quarter of 2021, West Virginia's foreclosure process was quick, averaging 48 days. Montana (76 days), Nebraska (112 days), Mississippi (132 days), and Missouri (189 days) also had shorter timelines.

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. Though, 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.