State Foreclosure Laws

Judicial foreclosure: In the absence of a power of sale clause in the loan document, a lender may sue the borrower to obtain a court order to foreclose and sell the property. However, in Alabama, a lender may, even in the absence of power of sale, publish a notice of sale for four consecutive weeks in a newspaper published in the county, and then sell the property at the door of the courthouse of the county in which the property is located.

Non-judicial foreclosure is pursued when a power of sale clause is present in the loan document. If the clause contains instructions as to the time, place, and terms of sale, that procedure must be followed. If not, a notice of sale must be published weekly for four consecutive weeks in a newspaper published in the county in which the property is located. If no newspaper is published in the subject county, the notice shall be published in a newspaper in an adjoining county.

The sale may not be held until 30 days from the last date of publication, and shall be held between the hours of 11:00 AM and 4:00 PM at the courthouse door as a public auction for cash to the highest bidder.

Right of redemption: The owner has 12 months in which to redeem the property. Deficiency judgments are permitted.

Alabama
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-30-60 days

Alaska
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-non-judicial foreclosure only
Deficiency Judgments-judicial foreclosure only
Time Frame-usually 90 days

Arizona
Judicial Foreclosure-Sometimes
Non-Judicial Foreclosure-Yes, most common
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Varies
Time Frame-Usually 90 days

Arkansas
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Judicial foreclosure only
Deficiency Judgments-Non-judicial foreclosure only
Time Frame-Usually 120 days

California
Judicial Foreclosure-Sometimes
Non-Judicial Foreclosure-Yes, most common
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes, judicial foreclosure only
Deficiency Judgments-Yes, judicial foreclosure only
Time Frame-111 days or more

Colorado
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust; Mortgage
Right of Redemption-None
Deficiency Judgments-Yes
Time Frame-110-125 days

Connecticut
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Court's discretion
Deficiency Judgments-Yes
Time Frame-Varies from 60 to 150 days

Delaware
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-No
Deficiency Judgments-No
Time Frame-Usually 90 days

D.C.
Judicial Foreclosure-No
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of trust
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 60 days

Florida
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instrument s-Mortgage
Right of Redemption-Yes-brief and subject to court procedure
Deficiency Judgments-Yes
Time Frame-Usually 180 days

Georgia
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 90 days

Hawaii
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 60 days

Idaho
Judicial Foreclosure-No
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of trust
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Approximately 150 days

Illinois
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes, limited
Deficiency Judgments-Varies
Time Frame-Usually 210 days

Indiana
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 150 days

Iowa
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No, but deed in lieu permitted
Security Instruments-Mortgage
Right of Redemption-No
Deficiency Judgments-No
Time Frame-Usually 150 days

Kansas
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 120 days

Kentucky
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes, with restrictions
Time Frame-Varies

Louisiana
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 60 days

Maine
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-90-365 days (depending on mortgage date)

Maryland
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 90 days

Massachusetts
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes, in foreclosure by possession
Deficiency Judgments-No
Time Frame-Usually 90 days

Michigan
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes
Deficiency Judgments-Varies, case by case
Time Frame-Usually 60 days

Minnesota
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 60 days

Mississippi
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-No
Time Frame-Usually 60 days

MIssouri
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes
Deficiency Judgments-No
Time Frame-Usually 60 days

Montana
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust; Mortgage
Right of Redemption-No
Deficiency Judgment-Judicial foreclosure only
Time Frame-Usually about 150 days

North Carolina
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes
Deficiency Judgments-Varies case by case
Time Frame-Usually 60 days

North Dakota
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 90 days

Nebraska
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Mortgage
Right of Redemption-None, after confirmation of sale
Deficiency Judgments-No
Time Frame-Usually 180 days

New Hampshire
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 60 days

New Jersey
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes, limited
Deficiency Judgments-Yes, restricted
Time Frame-Usually 90-120 days unless contested

New Mexico
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No, except commercial properties*
Security Instruments-Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 120 days

New York
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes, but almost never used
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 12-19 months

Nevada
Judicial Foreclosure-Sometimes
Non-Judicial Foreclosure-Yes, most common
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-judicial foreclosure only
Deficiency Judgments-Yes
Time Frame-Usually 120 days

Ohio
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 150 days

Oklahoma
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-None, upon confirmation of sale
Deficiency Judgments-Yes, with time limitation of filing
Time Frame-Usually 90 days

Oregon
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust or Mortgage
Right of Redemption-Yes, but only with judicial foreclosure
Deficiency Judgments-Yes, but only with judicial foreclosure
Time Frame-Typically 120- 180 days

Pennsylvania
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-No
Deficiency Judgment-Yes
Time Frame-Usually 90 days

Rhode Island
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Varies by process
Deficiency Judgments-Yes
Time Frame-Usually 60 days

South Carolina
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-No
Deficiency Judgment-Yes
Time Frame-Varies

South Dakota
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of trust; mortgage
Right of Redemption-Yes, but various time periods
Deficiency Judgments-Varies on case by case basis
Time Frame-Usually 90 days

Tennessee
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes-non-judicial foreclosure
Deficiency Judgments-Yes
Time Frame-Usually 60 days

Texas
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 60 days

Utah
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of trust, Mortgage
Right of Redemption-Yes
Deficiency Judgment-Yes
Time Frame-Varies

Vermont
Judicial Foreclosure-Yes, in strict foreclosure process
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 210 days

Virginia
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Varies
Deficiency Judgments-Yes
Time Frame-Usually 60 days

Washington
Judicial Foreclosure-Yes, but not commonly used in Washington
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of trust or mortgage
Right of Redemption-Available only in judicial foreclosure, and very rare
Deficiency Judgments-Yes, but only in judicial foreclosure
Time Frame-(Unavailable)

West Virginia
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-No
Time Frame-Usually 60 days

Wisconsin
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of trust, Mortgage
Right of Redemption-Yes, if no court confirmation of sale
Deficiency Judgments-Yes, unless waived
Time Frame-Usually 90 days, but may be one year

Wyoming
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes
Security Instruments-Deed of Trust; Mortgage
Right of Redemption-Yes
Deficiency Judgments-Yes
Time Frame-Usually 90 days

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