Foreclosure Laws

(4 Votes)

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 no-recourse/anti-deficiency state law page to learn if you may have liability for any deficiency balance as a result of a foreclosure.

  Foreclosure Typical Default to Foreclosure Period (days) Publication of Sale Period (days) Redemption Laws
Type(s) Typical
State-By-State Foreclosure Laws. Source:
Alabama Both Non-Judicial 49-74 21 1 year Alabama Code Section 35-10
Alaska Both Non-Judicial 105 65 Non-judicial, Yes. Judicial, No. Alaska Statutes Chapter 09.45. Actions Relating To Real Property and Title 34, Ch. 20, Section 100
Arizona Both Non-Judicial 90+ 41 Non-judicial, no. Judicial, Yes 30-180 days. Arizona State Code Title 33 - Property in 33-814.G and 33-729.A.
Arkansas Both Non-Judicial 70 30 Judicial, 1 year. Non-judicial, no. Arkansas Code Title 18 - Property Subtitle 4 - Mortgages And Liens
California Both Non-Judicial 180 21-365 No California Civil Code § 2920-2944.7 and Code Civ. Proc. § 580b
Colorado Both Non-Judicial 145 60 75 days Colorado Foreclosure Protection Act and Colorado Revised Statutes
Connecticut Judicial 62 None Strict foreclosure, yes, at court's discretion. General Statutes of Connecticut 49-14 and 49-28
Delaware Judicial 170-210 60-90 No Delaware Code Title 10, Ch. 49:XI
District of Columbia Non-Judicial 47 18 No District of Columbia Code Title 42, Subtitle I, Ch. 8
Florida Judicial 135 None Limited Florida Statutes Title 40, Ch. 702
Georgia Both Non-Judicial 37 32 No Official Code of Georgia Title 44, Ch. 14
Hawaii Both Non-Judicial 220 60 No Hawaii Revised Statutes § 667-5 and § 667-38
Idaho Both Non-Judicial 150 45 1 year for more than 20 acres Idaho Statutes Title 45, Ch. 15, Section 45.12
Illinois Judicial 300 None 90 days Illinois Compiled Statutes Ch. 735, Article XV
Indiana Judicial 261 120 No Indiana Code § 32-29-7
Iowa Judicial 160 30 Limited Iowa Ch. 654.6
Kansas Judicial 130 21 1 year Kansas Statutes Ch. 60, 2417
Kentucky Judicial 147 None Yes, 1 year if residence sells for less than two-thirds of the appraised value. Kentucky Revised Statutes Ch. 426
Louisiana Judicial 180 None No Louisiana Code Title 10:9-629
Maine Judicial 240 30 90 days Revised Maine Statutes Title 14, Part 4, Ch. 403
Maryland Both Non-Judicial 46 30 Court discretion Maryland Rules Title 14, Ch. 200
Massachusetts Both Non-Judicial 75 41 No General Laws of Massachusetts Ch. 244
Michigan Both Non-Judicial 60 30 6 months following non-judicial Michigan Compiled Laws Act 210 of 1933; and EPIC Act 236, Sections 600 and 700
Minnesota Both Non-Judicial 90-100 7 6-12 months Minnesota Statute 582
Mississippi Both Non-Judicial 90 30 No Mississippi State Code § 89-1-305
Missouri Both Non-Judicial 60 10 1 year Missouri Revised Statutes Ch. 141 §400-590
Montana Both Non-Judicial 150 50 No Montana Code Annotated Title 71, Ch. 1
Nebraska Both Non-Judicial 142 None No Nebraska Revised Statutes Ch. 76-1013
Nevada Both Non-Judicial 116 80 No in non-judicial. Yes in judicial Nevada Revised Statutes Chapters 40, and 106, and 107
New Hampshire Both Non-Judicial 59 24 No New Hampshire Revised Statutes Title 38, Ch. 479
New Jersey Judicial 270 None 10 days or 6 months depending on lender pursuing deficiency New Jersey Permanent Statutes Title 2A:50-1
New Mexico Judicial 180 None 9 months New Mexico Statutes Annotated Articles 48-7-1 to 48-7-24 and Articles 48-10-1 to 48-10-21
New York Judicial 445 None No New York State Consolidated Laws Article 13
North Carolina Both Non-Judicial 110 25 No North Carolina General Statutes Ch. 45, Article 2B, Sections 21.36 and 21.38
North Dakota Judicial 150 None 1 year North Dakota Century Code Ch. 32-19-01
Ohio Judicial 217 None No Ohio Revised Code Section 2329.08
Oklahoma Both Non-Judicial 186 None No Oklahoma Statutes Citationized Title 12, Ch. 12, Section 686
Oregon Both Non-Judicial 150 30 180 days Oregon Chapter 88 and Chapter 304
Pennsylvania Judicial 270 None No Pennsylvania 42 Pa. Cons. Stat. § 8103 and 231 Pa. Code Rule 3101
Rhode Island Both Non-Judicial 62 21 3 years in some circumstances Rhode Island General Laws Ch. 34-27
South Carolina Judicial 150 None No South Carolina Code of Laws Title 29, Ch. 3, Article 7
South Dakota Both Non-Judicial 150 23 180 days South Dakota Codified Laws Ch. 21-47
Tennessee Both Non-Judicial 40-45 20-25 2 years Tennessee Code Title 21, Ch. 1, Section 803
Texas Both Non-Judicial 27 None No Texas Statutes Title 5, Section 51
Utah Both Non-Judicial 142 None Court discretion Utah Code Title 38, Ch.1-16 and Title 57, Ch. 1
Vermont Both Judicial 95 None Court discretion Vermont Statutes Title 12, Ch. 163
Virginia Both Non-Judicial 45 14-28 No Code of Virginia Title 8.9A Part 6 and Title 55, Ch. 4
Washington Both Non-Judicial 135 90 12-months for judicial. Revised Code of Washington Title 61, Ch. 61-12
West Virginia Both Non-Judicial 60-90 30-60 No West Virginia Code Articles 1 and 16 of Ch. 38
Wisconsin Non-Judicial 290 None 6 or 12 months Wisconsin Statutes and Annotations, Ch. 846
Wyoming Both Non-Judicial 60 25 3 months. Balance due plus 10% Wyoming Statutes Title 34, Ch. 4

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.


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. 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.

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