Foreclosure Laws

Foreclosure Laws

Foreclosure Laws For All US States

A lender may foreclose when a home loan borrower fails to make the agreed upon payments. The table below outlines the basic rules for each state. An explanation of each column follows the table.

If you face foreclosure, see the Bills.com no-recourse/anti-deficiency state law page to learn if you may have liability for any deficiency balance as a result of a foreclosure.

ForeclosureTypical Default to Foreclosure Period (days)Publication of Sale Period (days)RedemptionLaws
Type(s)Typical
AlabamaBothNon-Judicial49-74211 yearAlabama Code Section 35-10
AlaskaBothNon-Judicial10565Non-judicial, Yes. Judicial, No.Alaska Statutes Chapter 09.45. Actions Relating To Real Property and Title 34, Ch. 20, Section 100
ArizonaBothNon-Judicial90+41Non-judicial, no. Judicial, Yes 30-180 days.Arizona State Code Title 33 - Property in 33-814.G and 33-729.A.
ArkansasBothNon-Judicial7030Judicial, 1 year. Non-judicial, no.Arkansas Code Title 18 - Property Subtitle 4 - Mortgages And Liens
CaliforniaBothNon-Judicial18021-365NoCalifornia Civil Code § 2920-2944.7 and Code Civ. Proc. § 580b
ColoradoBothNon-Judicial1456075 daysColorado Foreclosure Protection Act and Colorado Revised Statutes
ConnecticutJudicial62NoneStrict foreclosure, yes, at court's discretion.General Statutes of Connecticut 49-14 and 49-28
DelawareJudicial170-21060-90NoDelaware Code Title 10, Ch. 49:XI
District of ColumbiaNon-Judicial4718NoDistrict of Columbia Code Title 42, Subtitle I, Ch. 8
FloridaJudicial135NoneLimitedFlorida Statutes Title 40, Ch. 702
GeorgiaBothNon-Judicial3732NoOfficial Code of Georgia Title 44, Ch. 14
HawaiiBothNon-Judicial22060NoHawaii Revised Statutes § 667-5 and § 667-38
IdahoBothNon-Judicial150451 year for more than 20 acresIdaho Statutes Title 45, Ch. 15, Section 45.12
IllinoisJudicial300None90 daysIllinois Compiled Statutes Ch. 735, Article XV
IndianaJudicial261120NoIndiana Code § 32-29-7
IowaJudicial16030LimitedIowa Ch. 654.6
KansasJudicial130211 yearKansas Statutes Ch. 60, 2417
KentuckyJudicial147NoneYes, 1 year if residence sells for less than two-thirds of the appraised value.Kentucky Revised Statutes Ch. 426
LouisianaJudicial180NoneNoLouisiana Code Title 10:9-629
MaineJudicial2403090 daysRevised Maine Statutes Title 14, Part 4, Ch. 403
MarylandBothNon-Judicial4630Court discretionMaryland Rules Title 14, Ch. 200
MassachusettsBothNon-Judicial7541NoGeneral Laws of Massachusetts Ch. 244
MichiganBothNon-Judicial60306 months following non-judicialMichigan Compiled Laws Act 210 of 1933; and EPIC Act 236, Sections 600 and 700
MinnesotaBothNon-Judicial90-10076-12 monthsMinnesota Statute 582
MississippiBothNon-Judicial9030NoMississippi State Code § 89-1-305
MissouriBothNon-Judicial60101 yearMissouri Revised Statutes Ch. 141 §400-590
MontanaBothNon-Judicial15050NoMontana Code Annotated Title 71, Ch. 1
NebraskaBothNon-Judicial142NoneNoNebraska Revised Statutes Ch. 76-1013
NevadaBothNon-Judicial11680No in non-judicial. Yes in judicialNevada Revised Statutes Chapters 40, and 106, and 107
New HampshireBothNon-Judicial5924NoNew Hampshire Revised Statutes Title 38, Ch. 479
New JerseyJudicial270None10 days or 6 months depending on lender pursuing deficiencyNew Jersey Permanent Statutes Title 2A:50-1
New MexicoJudicial180None9 monthsNew Mexico Statutes Annotated Articles 48-7-1 to 48-7-24 and Articles 48-10-1 to 48-10-21
New YorkJudicial445NoneNoNew York State Consolidated Laws Article 13
North CarolinaBothNon-Judicial11025NoNorth Carolina General Statutes Ch. 45, Article 2B, Sections 21.36 and 21.38
North DakotaJudicial150None1 yearNorth Dakota Century Code Ch. 32-19-01
OhioJudicial217NoneNoOhio Revised Code Section 2329.08
OklahomaBothNon-Judicial186NoneNoOklahoma Statutes Citationized Title 12, Ch. 12, Section 686
OregonBothNon-Judicial15030180 daysOregon Chapter 88 and Chapter 304
PennsylvaniaJudicial270NoneNoPennsylvania 42 Pa. Cons. Stat. § 8103 and 231 Pa. Code Rule 3101
Rhode IslandBothNon-Judicial62213 years in some circumstancesRhode Island General Laws Ch. 34-27
South CarolinaJudicial150NoneNoSouth Carolina Code of Laws Title 29, Ch. 3, Article 7
South DakotaBothNon-Judicial15023180 daysSouth Dakota Codified Laws Ch. 21-47
TennesseeBothNon-Judicial40-4520-252 yearsTennessee Code Title 21, Ch. 1, Section 803
TexasBothNon-Judicial27NoneNoTexas Statutes Title 5, Section 51
UtahBothNon-Judicial142NoneCourt discretionUtah Code Title 38, Ch.1-16 and Title 57, Ch. 1
VermontBothJudicial95NoneCourt discretionVermont Statutes Title 12, Ch. 163
VirginiaBothNon-Judicial4514-28NoCode of Virginia Title 8.9A Part 6 and Title 55, Ch. 4
WashingtonBothNon-Judicial1359012-months for judicial.Revised Code of Washington Title 61, Ch. 61-12
West VirginiaBothNon-Judicial60-9030-60NoWest Virginia Code Articles 1 and 16 of Ch. 38
WisconsinNon-Judicial290None6 or 12 monthsWisconsin Statutes and Annotations, Ch. 846
WyomingBothNon-Judicial60253 months. Balance due plus 10%Wyoming Statutes Title 34, Ch. 4

State-By-State Foreclosure Laws. Source: Bills.com

Here are definitions to the terms used in the table above.

Foreclosure Types

There are two types of foreclosure: Judicial and non-judicial.

  • Judicial foreclosure means the foreclosure is a court-ordered legal process. The lender must file an action — a lawsuit — against the homeowner. This process is time consuming and subject to a sequence of events and calendar that consumes months or years.
  • Non-judicial foreclosure is made possible by a legal document called a deed of trust. Many western states use deeds of trust in creating home loans. This system avoids a judicial foreclosure, and speeds the foreclosure process. Because the mortgage loan terms specify that default kicks off the sale process right away (without going through the court system), the lender can start the foreclosure process quickly. The borrower has a fixed period of time — which varies state by state — to either sell the home, or negotiate to solve the financial problem. If the consumer does not accomplish this on their own, the lender then can seize the property and auction the home to the highest bidder.

Some states, such as California, allow the lender to foreclose using either process, but in that state judicial foreclosure is rare.

Default-to-Foreclosure Period

Details vary by state, but lenders are required by state law to notify a delinquent homeowner of a pending foreclosure. Following that notice, the lender is required to wait before it can foreclose. For example, in California, a Notice of Default (NOD) is recorded in the county in which the property is located after a homeowner defaults on a mortgage. In California, an NOD must be filed 180 days before foreclosure.

Publication of Sale Period

Lenders are required to give notice before it auctions the home, and this notice period varies by state. In California, a Notice of Trustee’s Sale must be given at least 20 days before the date of sale in one public place and posted on the property.

Redemption

Some states allow a former homeowner of a foreclosed property to a process called redemption. Redemption allows the former homeowner to retake possession of their property under certain circumstances. This is rare, as is intended to help homeowners who pass through a stretch of bad fortune, and then receive a windfall that allows them to pay off their former mortgage and take possession of their old home. Redemption is a right that a homeowner can assign to another party. Therefore, if you live in a redemption state and buy a foreclosed property, be sure to buy the redemption rights from the former homeowner.

Relevant State Laws

No table can summarize a state’s laws completely and accurately. Read your state’s statutes and case law to learn more about your rights and liabilities. Consult with a lawyer in your state who has real property or foreclosure experience if the state statute is unclear.

Bills.com takes reasonable care to provide accurate information, but errors and changes in law and interpretation occur. A lawyer in your state is the best source of information for foreclosure laws.