Foreclosure Laws and Process in the American States

The foreclosure of real estate properties in the American states varies, depending on which state the property is located. Generally, the process can either be judicial or non-judicial foreclosure, although there are other specific process types. Judicial processes are usually preferred if no power of sale lies on the mortgage or deed of trust. Otherwise, the non-judicial process is required.

Out of the fifty-one states and federal districts, only Washington DC, a federal district, doesn't allow for a judicial foreclosure. Conversely, states like Connecticut, Delaware, New Jersey and Maine only permit the judicial process. The remaining states, and the majority at that, are offering both foreclosure methods. The more common process that exists in the majority of the states is the non-judicial process. The process period also varies within the states, but the average time is about 140 days. Half of the American states offer no right of redemption to the homeowners after the foreclosure has been declared by the court. The remaining other states that consider redemption allow a year, on the average, for the borrowers to buy back their properties.

With regards to the sale publication, the responsible entity for the sale is either the trustee, the court or the sheriff of the state. Eighteen states have not specified the sale period, though they are also publishing the sale in several ways. For the rest, the average sale publication is 36 days. The most common form of sale advertisement is through the county newspaper and through mailing the borrower a notice of sale. The required contents of the notices are similar. Some of the common details include the borrower's and the lender's names, property description, and the time, date and place of sale. Also, following the court's confirmation of sale of the property at stake is the awarding of the certificate of purchase to the chief bidder. Also, the distinct difference in all states is their homestead exemption considerations.

Foreclosure Process by State

State Name Judicial Available? Non-Judicial Available? Additional info Process Period (in Days) Sale Publication (in Days) Redemption Period (in Days) Sale/Notice of Trustee Sale
Alabama Yes Yes The judicial process is not commonly used. It includes filing a lawsuit to attain foreclosure court order and is used only when there is no power of sale in the mortgage or deed of trust. Otherwise, the non-judicial process is used. 49 - 74 21 365 A trustee shall post the notice of sale through four weekly issues of a newspaper published in the county or counties where the property is established. The said notice should contain the property description, time, place and terms of said sale.
Alaska Yes Yes The judicial process is treated as the last alternative. It includes filing a lawsuit to attain foreclosure court order and is used only when there is no power of sale in the mortgage or deed of trust. Otherwise, the non-judicial process is used. 105 65 365* A notice by the trustee shall contain the borrower's name, the page where the deed is recorded, property description, the amount the borrower owes, date, time and place of the sale. A copy must be mailed to the borrower, the person who has claim on the property and any occupant.
Arizona Yes Yes The judicial process is not commonly used. It includes filing a lawsuit to attain foreclosure court order and is used only when there is no power of sale in the mortgage or deed of trust. Otherwise, the non-judicial process is used. 90 + 41 30 - 180 * The trustee must record a notice of sale and will distribute a copy to the people who are parties to the trust deed. The notice must appear weekly for four weeks in a newspaper in the county where the property is located. The last notice should be noted.
Arkansas Yes Yes The judicial and non-judicial processes are equally used. A non-judicial process takes place when a power of sale clause exists in a mortgage or deed of trust. In judicial foreclosure, the court decrees the debt of the borrower and allots him/her a time to pay. 70 30 365* The trustee shall record a notice of sale, which shall be mailed to the borrower. A copy will be mailed to the parties to the trust deed. The notice must appear in a newspaper weekly for four weeks in the county where the property is located.
California Yes Yes The judicial process is not commonly used. It includes filing a lawsuit to attain foreclosure court order and is used only when there is no power of sale in the mortgage or deed of trust. Otherwise, the non-judicial process is used. 117 21 365* A notice of sale, made by the trustee, must be recorded in the county where the property lies; mailed, return receipt requested to the borrower; posted on the property itself and posted in one public place in the county where the property will be sold.
Colorado Yes Yes The judicial process is not commonly used. It includes filing a lawsuit to attain foreclosure court order and is used only when there is no power of sale in the deed of trust. Otherwise, the non-judicial process is used. 145 60 None The trustee files a notice of sale, which must be announced in the county newspaper for five weeks. The trustee shall mail a copy of the notice and a copy on how to redeem the property to the borrower and any owner or claimant of record.
Connecticut Yes No Only judicial foreclosure exists and it may either be a strict foreclosure or a decree of sale. There is no sale of foreclosure in a strict foreclosure. Instead, the lender heads to court to attain a court order determining that the borrower is in default of the mortgage. 62 NA Court decides The lender shall make a certificate containing the property description, the proceedings, the mortgage and the date the title became absolute. Upon a sale declaration, the court shall establish the details of the sale, appoints a group to sell the property and picks three appraisers to calculate the property's value.
Delaware Yes No Only judicial foreclosures are considered and the process starts with the lender filing a lawsuit. The borrower has to prove that he isn't in default of the mortgage. If the court is dissatisfied with the borrower's explanations and evidences, a foreclosure sale is initiated. 170 - 210 60 - 90 None The notice of sale is to be headed by the sheriff. The sale is conducted either at the property or at the courthouse at least fourteen days after posting the notice on the said property and in any other relevant public places within the county.
Florida Yes No The judicial foreclosure starts with a suit filed by the lender. The borrower is informed and a failure to respond would mean that the borrower is in default. The court will then make a final ruling. 135 NA None The court clerk completes a notice of sale which shall hold the following details: the location, date, and time of the sale. For two weeks, the notice is to be printed in the relevant county newspaper. After the bid, the winner is awarded a certificate of sale.
Georgia Yes Yes The judicial process is not common here. It includes filing a lawsuit to attain foreclosure order and is used when there is no power of sale in the mortgage. Otherwise, the non-judicial process is used. 37 32 None The trustee shall mail a foreclosure notice, return receipt requested, to the borrower. The notice shall be printed in a local newspaper in the appropriate county and the sale will occur after four weeks publication.
Hawaii Yes Yes Both judicial and non-judicial are equally used. It includes filing a suit to attain foreclosure order and is used when there is no power of sale in the mortgage. If there is, the non-judicial process is used. After the foreclosure, the property is awarded to the highest bidder. 220 60 None The notice of sale is published by the trustee weekly for three weeks in the county newspaper. Copies must be sent to the mortgagor, the borrower, junior creditors, the taxation state director and others who are entitled to receive. The notice is posted around the county.
Idaho Yes Yes Lenders may file a foreclosure on the deeds of trusts in lieu of defaults through non-judicial process only. This foreclosure process is the option when there is a sale clause power in a mortgage or trust deed. 150 45 365 The notice is made by the trustee. The borrower should be given a copy. The notice of sale is printed in the local county newspapers weekly for four weeks. It contains property description and address, details of the default, the sale date, time, and place.
Illinois Yes No Lenders have several judicial process options to foreclose a defaulted mortgage. These include deed in lieu of foreclosure and consent foreclosure. Lenders may also opt for the common law strict foreclosure method. No option is available for non-judicial processes under county law. 300 NA 90 A notice of sale by the sheriff is announced in the county newspaper for three weeks followed by a sale. A certificate of purchase is given to the bid winner. After the sale, the sheriff makes a sale report. The court shall confirm the sale.
Indiana Yes No The foreclosure process is restricted to the judicial process, which requires filing a suit to attain a foreclosure order. It is used when there is no power of sale present. 261 120 None For three weeks, the notice is to be published weekly in a local newspaper. Each owner is provided with the notice by the sheriff who issues a deed after the sale. The owner can stay on the property or rent for free until the sale is concluded.
Iowa Yes No In judicial foreclosure, the lender files a suit and obtains a decree of sale from the court. If court decides that the borrower in default, he/she will be given time to pay. Failure to comply will result with an order to sell the house. 160 30 20 The sale notice is posted in at least three public places, one of which is the courthouse and it is published for two weeks. The sheriff issues a receipt for sealed bids submitted before the auction. The announcement of the winner of the written bids is made in person.
Kansas Yes No Only judicial foreclosures are permitted. It commences through a filed lawsuit, which aims to obtain a foreclosure order. Judicial process is used when there is no power of sale present in the deed of trust. After the foreclosure declaration, the property will be passed to the highest bidder. 130 21 365 The notice of sale is published weekly for three weeks and sent to the borrower. During the sale at the court, the highest bidder receives a certificate of purchase and a sheriff's deed.
Kentucky Yes No Only a judicial process exists, whereby a court declares the borrower's debt and allots him/her a time to pay. If the borrower can't pay on time, the court clerk advertises the property for sale. 147 NA 365 The notice of sale, containing the date, location, and terms of the sale, is published for three weeks in a newspaper. The sale, conducted by a court official at the courthouse, awards the property to the highest bidder. A motion to confirm is then observed and the deed is made.
Louisiana Yes No Only judicial foreclosures are permitted. The two types of this process are the executory process and ordinary process. When a 'confession of judgment' has emerged, the executory process takes place. Whereas, the ordinary process is similar to a lawsuit, making it more extensive and expensive. 180 NA None A foreclosure notice is given to the borrower by the sheriff and is advertised twice in a newspaper. The sheriff then administers the sale. Anyone may bid, even the borrower. A Sheriff's deed is awarded to the winner.
Maine Yes No Lenders file a strict foreclosure, a judicial process in which the lender claims the establishment until the mortgage has been fully paid. If the borrower deviates on the rules, he/she will be forced to relinquish any right on the property, which will be declared as the lender's. 240 30 90 For three weeks, the lender announces a notice of sale through the newspaper. This notice includes the property description, sale date, time, and location. An attorney administers the sale at the courthouse or at the property itself. The highest bidder gets the property after the sale and payment.
Maryland Yes Yes, with restrictions A foreclosure on a property may be achieved using either the judicial path of 'assent to decree' or the non-judicial process. Non-judicial process is used only if there is a power of sale clause in a mortgage or deed of trust. 46 30 Court decides For three weeks, a notice of sale is printed in a local newspaper. It is sent to the borrower and other lien holders by the trustee. The sale is conducted outside the courthouse. The property is transferred to the highest bidder after the court's confirmation of the sale.
Massachusetts Yes Yes Foreclosure maybe by an entry possession or non-judicial process. In an entry possession, the lender reclaims the property through a court order, coming into the property peacefully or by the buyer's proper consent. Conversely, non-judicial process is used when a power of sale clause exists in a mortgage. 75 41 None A notice of sale by the court contains the sale place, time and date, the mortgage date, the borrower's name and the terms of the sale. The sale is held at public auction. The notice is sent to the borrower and is published weekly for three weeks in a local newspaper.
Michigan Yes Yes In judicial foreclosure, the court declares the borrower's debt and allots him/her time to pay. If the borrower hasn't complied, the court will release a notice of sale. The non-judicial process, on the other hand, is used when there is a power of sale clause in the mortgage. 60 30 30 - 365 Weekly, for four weeks, a notice is printed in a newspaper; another is affixed to the property. It has the borrower's and lender's name, the property description, the sale terms, time, place and date. The sale will be initialized by the sheriff or the trustee of the county.
Minnesota Yes Yes The non-judicial process is more common. It involves filing a lawsuit in court and is used when there is a power of sale in the mortgage. Otherwise, a judicial process is used. After the foreclosure declaration, the property is awarded to the highest bidder. 90 - 100 7 1825 The notice contains the borrower's and lender's name, the default amount, the mortgage date, the property description, the sale time, place and date. During the sale, the county sheriff reads a statement of the amount due. The property is given to the highest bidder along with the certificate of sale.
Mississippi Yes Yes The non-judicial process is more common. It involves filing a lawsuit in court and is used when there is a power of sale in the mortgage. Otherwise, a judicial process is used. After the foreclosure declaration, the property is awarded to the highest bidder. 90 30 None The trustee makes a notice having the borrower's name, the sale date, time and place. This notice is displayed at the courthouse and is printed within a newspaper for three weeks. The sale takes place in the county of the property's location or where the borrower resides.
Missouri Yes Yes The non-judicial process is more common. It involves filing a lawsuit in court and is used when there is a power of sale in the mortgage. Otherwise, a judicial process is used. After the foreclosure declaration, the property is awarded to the highest bidder. 60 10 365 The notice is published in the county newspaper. The borrower shall receive a notice of sale before the sale starts. The said sale is headed by the trustee. Anyone, even the lender, is allowed to bid and the highest bidder is entitled to claim the property.
Montana Yes Yes In the judicial process, the borrower's debt is declared by the court, which allots the borrower time to pay. Upon failure, a sales notice is issued. A non-judicial foreclosure is opted for when there's a power of sale in the mortgage. The most common process is the out-of-court foreclosure. 150 50 None The notice holds the following: borrower's, lender's and trustee's name; a property description and the default; the page and book that contains the deed; and the sale time, date and place. The sale on the courthouse is headed by the trustee. The highest bidder claims the rights to the property.
Nebraska Yes No Judicial foreclosures permit the court to declare the borrower's debt and allots him a chance to pay. The court clerk would announce the sale if ever the borrower hasn't paid. For mortgages, court foreclosures are proper. For deeds of trust, the out-of-court processes are favored. 142 NA None The sheriff announces the sale by placing a notice at the court door and in no less than five public places. He should also publish the notice in a newspaper weekly for four weeks. For out-of-court foreclosures, the notice is published weekly for five weeks.
Nevada Yes Yes When a power of sale is not found, the choice of the foreclosure process is judicial. Whereas, when there's a power in a mortgage or deed of trust, the non-judicial foreclosure is used. The property is being bid after the court has declared a foreclosure. 116 80 None A notice copy is mailed and return receipt requested to the borrower. At the trustee's office, the sale is conducted and anyone is welcome to bid but the lender. The trustee confirms the property to winning bidder afterwards.
New Hampshire Yes Yes When a power of sale is contained in a mortgage, the non-judicial foreclosure takes place. The judicial process, on the other hand, is likened to a strict foreclosure. In this process, the lender applies for a complaint and gets a decree of sale from the county court. 59 24 None After recording the sale notice, the borrower is sent one. In a newspaper, the notice is published weekly for three weeks. The notice shall have the sale time, date and place, property and default description. The sale is held on the property, unless otherwise specified.
New Jersey Yes No Property foreclosures are done through the judicial process only, wherein a court declares the borrower's debt and gives him a chance to pay. Failing the request would allow the court clerk to announce the sale of the property. 270 NA 10 Notice is posted on the county office, on the property and is advertised in two local newspapers. The sale is conducted by the county sheriff. After the court accepts the sale, the highest bidder receives the property and the certificate of ownership.
New Mexico Yes No In judicial foreclosures, the court declares the borrower's debt and allots a chance for payment within a specified time frame. Failure to comply will result in the issuance of sale from the county court. 180 NA 30-270 The trustee makes a notice weekly for four weeks in a local newspaper. After the court's declaration, the sale is made and a final publication is released. A deed is noted upon the property's sale and this gives the chief bidder claim to the property.
New York Yes Yes In a judicial foreclosure, the lender obtains a notice from the court. If the borrower is in default, he will be given time to pay. Failure to comply will render the house to be sold. When there is no power of sale in the mortgage, the non-judicial process is done. 445 NA None For four weeks, the newspaper announces the sale of the foreclosed property. The sale is conducted at the county court. The foreclosed property is awarded to the highest bidder. Anyone, even the lender, is allowed to bid.
North Carolina Yes Yes Obtaining a court order for foreclosure is done through the judicial process and is permitted only when there is no power of sale. When there is, the non-judicial foreclosure is the process used. 110 25 None The trustee initiates a notice which is mailed to the borrower, advertised in a newspaper weekly for two weeks, and is placed on the court's door before the sale. Said notice contains the names of the borrowers and the lenders, property description and the sale date, time and place.
North Dakota Yes No Only judicial foreclosures are allowed. The court declares the borrower's debt and allows him or her to pay. Failure in doing so would cause the court clerk to advertise the sale of the property involved. 150 NA 180-365 The sheriff conducts the sales and awards the property to chief bidder. A notice is sent registered and contains the property description, the date and amount of the mortgage and a warning that a suit will be filed if the borrower cannot pay within the specified time-frame.
Ohio Yes No Lenders foreclose properties using the judicial foreclosure process only. The borrower's debt is determined by the court and he or she will be given a chance to pay. If the borrower hasn't complied with the order within the specified time, court clerk announces the sale of the property. 217 NA None The foreclosure sales is performed by the sheriff and awards the highest bidder the property that was foreclosed. The sale cannot occur until the sale has been advertised weekly for three weeks in the local newspaper of the county.
Oklahoma Yes Yes Judicial is more common in this state. The judicial process starts with a filed suit on the court and is preferred when there is no power of sale in the mortgage. Otherwise, the non-judicial foreclosure takes place. 186 NA None The notice is noted in the county and is published in a newspaper daily for four weeks. It must state the borrower's and lender's names, property description, the time and place of sale. The chief bidder claims rights to the property.
Oregon Yes Yes With a filed lawsuit on the court, the judicial process is utilized because no power of sale is contained in the deed of trust. The non-judicial foreclosure is opted for otherwise. 150 30 180 A notice is published weekly in a newspaper for no less than four weeks. Notice has the property description, the deed details and the sale date, time and place. The sale is to occur on the property. Anyone, but the trustee, may bid. Ownership is transferred to the chief bidder.
Pennsylvania Yes No Real estates are foreclosed by lenders through the judicial process of foreclosure only. A notice of intent for foreclosure is sent by the lender to the borrower in order for further foreclosure proceedings to start. 270 NA None The sheriff gives notice by posting it on the property and mailing a copy to the borrower. The sale is published weekly for three weeks in both local general and legal newspapers. The highest bidder claims the property and receives the proper documents.
Rhode Island Yes Yes A property may be foreclosed through the judicial process, a lawsuit looking for eviction, seizing the property, by the voluntary giving up of the property by the borrower, or by the non-judicial process. Judicial process is followed if no sale authority exists. 62 21 None The county sheriff conducts the sale and anyone, including the lender may bid. The notice of sale is advertised for three weeks in the county newspaper. The lender mails the notice to the borrower.
South Carolina Yes No Foreclosures are practiced only by judicial procedures. With this process, a complaint must first be filed to initiate the court to do an investigation. If the borrower is proven to be in default, he will be made to pay for it. Failure in doing so would result in a sale. 150 NA None A sale notice with the property description, the sale time and place, the borrower and lender’s name is placed at the courthouse. It is advertised for three weeks in a local newspaper. A court officer heads the sale. The winning bidder claims the foreclosed property.
South Dakota Yes Yes The more common process is the judicial process which is called forth when there is no sale power in the mortgage or deed. Otherwise, the non-judicial procedure is used. 150 23 30-365 The notice is published weekly for four weeks in the newspaper. It is sent to the borrower and contains the borrower's and lender's names, the amount due, a property description, the time and place of sale. The sheriff heads the sale. A sale certificate is awarded to the winner.
Tennessee Yes Yes The judicial foreclosure, which is used when there is no power of sale, starts with the lender filing an issue against the borrower. When a power of sale is found in the mortgage, the non-judicial process is used. 40-45 20-25 730 A notice is advertised at least three different times in the county newspaper and is posted in no less than five public places within the county; one is on the property itself. The sheriff heads the sale and the successful bidder will receive a certificate of sale.
Texas Yes Yes Filing a suit to the court against the borrower starts the judicial process. This procedure is used when there is no power of sale in the mortgage or deed of trust. Non-judicial process is utilized otherwise. It is the more common one. 27 NA None A foreclosure notice is filed through the county clerk, sent to the borrower and displayed on the courthouse door. The sale is held in the courthouse. Any person may bid, even the lender.
Utah Yes Yes Filing a suit to the court against the borrower starts the judicial process. This procedure is used when there is no power of sale in the mortgage or deed of trust. Non-judicial process is utilized otherwise. 142 NA Court Decides The notice of sale is advertised weekly for three weeks in a local newspaper. It should be posted on the property and at the county recorder's office. The place of the sale is included in the notice.
Vermont Yes No Depending on the type of property, foreclosures are either done judicially or non-judicially. Judicial foreclosures are used for the deed of trust, while the non-judicial foreclosure is observed when the power of sale is in a mortgage. 95 NA 180-365 The notice is delivered to the borrower and shall have mortgage details, the breached conditions, and total amount to be paid. The sale is conducted at the property, unless otherwise stated. Anybody may bid, even the lender.
Virginia Yes Yes Filing a suit to the court officially starts the judicial process. This procedure is used when there is no power of sale in the mortgage. Otherwise, the non-judicial process is conducted. 45 14-28 None The notice specifies the sale terms, time and place, property description, identification of the tax map, trustee's name. It shall be advertised at least once daily for three days or weekly for four weeks. A copy is sent to the borrower.
Washington Yes Yes The judicial process starts when a suit is filed by the lender against the borrower and is used when there is no power of sale in the deed. If a power exists, the non-judicial process is made. 120 28 240 The notice is sent to the borrower. It is published in the newspaper weekly for four weeks by the sheriff. It is displayed on two public places. It contains the sale time and place, the names of the borrower and lender, a description of the house and redemption rights.
Washington DC No Yes In this city, the trust deeds may be foreclosed through the non-judicial foreclosure process only. This foreclosure process is used when a power exists in the deed of trust. 60 18 None The lender mails the notice to the borrower, the mayor or designated agent. The advertising requirements on the deed should be followed. If no ad method is specified, then the sale is published in The Washington Times or The Washington Post five times before the sale.
West Virginia Yes Yes Real estates are foreclosed using the judicial process when no power of sale is found in the deed. The non-judicial process is exhibited, if otherwise. 60-90 30-60 None The notice is displayed on court and three other places; one on the property. It is mailed to the borrower and advertised weekly for four weeks. It contains the sale time and place, the borrower's and lender's names, a description of the property and the terms of the sale.
Wisconsin Yes Yes With a filed suit, the judicial process commences. This process is required if no power of sale is found on the mortgage. If there is, the process of foreclosure is non-judicial. 290 NA 375 The notice includes the sale time and place, the borrower's and lender's names, the total amount, a description of the property and the sale time and place. It is advertised weekly for six weeks in a newspaper. It is mailed to the borrower.
Wyoming Yes Yes The judicial process, which is used when no power exists on the deed, starts with a suit against the borrower. On the other hand, the non-judicial process is required if such a power exists. 60 25 90-365 The notice is advertised weekly for four weeks in the local newspaper. It contains the borrower's and lender's names, the default amount, a property description, and the sale time and place. The sale is conducted at the court.
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