Foreclosure procedures per state

Foreclosure Procedures per State

Click on state to obtain detailed foreclosure procedures for that state.

STATE TYPE OF
FORECLOSURE
PROCESS
PERIOD
(Days)
SALE PUBLI-CATION
(Days)
DEFICIENCY
JUDGMENT
REDEMPTION
PERIOD
(Days)
Sale/
NTS

Alabama

       Both

49-74   

21 

Possible and Practical

12 Months

Trustee

Alaska

Both

105 65

Not Practical

None

Trustee

Arizona

Both

90+ 41

Not Practical

None

Trustee

Arkansas

Both

70 30

Possible and Practical

None

Trustee

California

PrimarilyNon-Judicial

117 21

Not Practical

None

Trustee

Colorado

Both

145 60

Possible and Practical

75 Days

Trustee

Connecticut

Judicial/Strict

62 NA

Possible and Practical

None

Court

Delaware

Judicial

170-210 60-90

Possible and Practical

None

Sheriff

District ofColumbia

Non-Judicial

47 18

Possible and Practical

None

Trustee

Florida

Judicial

135 NA

Possible and Practical

None

Court

Georgia

PrimarilyNon-Judicial

37 32

Possible and Practical

None

Trustee

Hawaii

PrimarilyNon-Judicial

220 60

Not Practical

None

Trustee

Idaho

Non-Judicial

150 45

Possible and Practical

None

Trustee

Illinois

Judicial

300 NA

Possible and Practical

None

Court

Indiana

Judicial

261 120

Possible and Practical

3 Months

Sheriff

Iowa

Both

160 30

Not Practical

6 Months,if judicial

Sheriff

Kansas

Judicial

130 21

Possible and Practical

6-12 Months

Sheriff

Kentucky

Judicial

147 NA

Possible and Practical

None

Court

Louisiana

Judicial

180 NA

Possible and Practical

None

Sheriff

Maine

Primarily Judicial

240 30

Possible and Practical

None

Court

Maryland

Judicial

46 30

Possible and Practical

None

Court

Massachusetts

Non-Judicial

75 41

Possible and Practical

None

Court

Michigan

Both

60 30

Possible and Practical

6 Months

Sheriff

Minnesota

Both

90-100 7

Not Practical

6 Months

Sheriff

Mississippi

PrimarilyNon-Judicial

90 30

Possible andPractical

None

Trustee

Missouri

PrimarilyNon-Judicial

60 10

Possible andPractical

None

Trustee

Montana

PrimarilyNon-Judicial

150 50

Not Practical

None

Trustee

Nebraska

Judicial

142 NA

Possible andPractical

None

Sheriff

Nevada

PrimarilyNon-Judicial

116 80

Possible and Practical

None

Trustee

New Hampshire

PrimarilyNon-Judicial

59 24

Possible and Practical

None

Trustee

New Jersey

Judicial

270 NA

Possible and Practical

10 Days

Sheriff

New Mexico

Judicial

180 NA

Possible and Practical

None

Court

New York

Judicial

445 NA

Possible and Practical

None

Court

North Carolina

Non-Judicial

110 25

Possible and Practical

None

Sheriff

North Dakota

Judicial

150 NA

Not Possible

60 Days

Sheriff

Ohio

Judicial

217 NA

Possible and Practical

None

Sheriff

Oklahoma

Primarily Judicial

186 NA

Possible and Practical

None

Sheriff

Oregon

Non-Judicial

150 30

Not Practical

None

Trustee

Pennsylvania

Judicial

270 NA

Not Practical

None

Sheriff

Rhode Island

Both

62 21

Possible and Practical

None

Trustee

South Carolina

Judicial

150 NA

Not Practical

None

Court

Tennessee

Non-Judicial

150 23

Possible and Practical

None

Trustee

Texas

Non-Judicial

27 NA

Possible and Practical

None

Trustee

Utah

Both

142 NA

Possible and Practical

None

Trustee

Vermont

Both

95 NA

Possible and Practical

None

Court

Virginia

Non-Judicial

45 14-28

Possible and Practical

None

Trustee

Washington

Non-Judicial

135 90

Not Practical

None

Trustee

West Virginia

Non-Judicial

60-90 30-60

Possible and Practical

None

Trustee

Wisconsin

Judicial

290 NA

Not Practical

None

Sheriff

Wyoming

Non-Judicial

60 25

Possible and Practical

3 Months

Sheriff

Information provided by RealtyTrac www.RealtyTrac.com and Consumer Warning Network www.ConsumerWarningNetwork.com

The foreclosure process depends on whether the state uses mortgages or deeds of trust for the purchase of real property. Generally, states that use mortgages conduct judicial foreclosures.  On the other hand, states that use deeds of trust conduct non-judicial foreclosures. The main difference is that the judicial procedure requires court action on a foreclosed home.

In judicial states, to foreclose, a lender must prove that the mortgagor (borrower/homeowner) is in default. Once the lender has exhausted its attempts to resolve the default with the homeowner, the next step is to contact an attorney to pursue court action. The attorney contacts the mortgagor to try to resolve the default. If the mortgagor is unable to pay off the default, the attorney files a lis pendens (lawsuit pending) with the court. The lis pendens gives notice to the public that a pending action has been filed against the mortgagor. The purpose of the action is to provide evidence of a default and get the court’s approval to initiate foreclosure.

In non-judicial states, foreclosures are based on deeds of trust that contain the power of sale clause. The clause enables the trustee to initiate a mortgage foreclosure sale without having to go to court. The trustee is typically required to issue a notice of default and notify the trustor (borrower/homeowner) accordingly about the default status. Homeowners receive a “Notice of Intent” letter informing them that a foreclosure sale will be scheduled unless the overdue debt is paid within a certain amount of time. If the debt is not paid accordingly, a “Notice of Sale” is then sent informing the homeowner that a foreclosure sale will take place at a particular time and place. No lawsuit is ever initiated by the lender and the courts are not involved.

Please report incorrect information to hope@OperationRest.org.

Request for additional help

Thank you for contacting Operation Restoration. Please fill in the
information below if you need clarification on material or guidance on
strategy. We will contact you shortly.
Notes:
(1) While the information provided on the website is free to use (if it helps
you in any way, please remember to donate), we are transitioning into a
donation-based personalized assistance operation. As you know this arena
is very specialized. This mission has spent extensive hours over the past 6
years to remain ahead of the curve.
(2) Remember, your participation and team work are necessary as ongoing
in-depth research is necessary to achieve leverage. Education empowers
people to survive and succeed.
We look forward to speaking with you.
Sincerely, Anne Batte
Executive Director

Fields with an * are required