Foreclosure Laws and Procedures: 50-State Survey

There are two types of foreclosure processes: judicial foreclosure and non-judicial foreclosure. Judicial foreclosure, the process by which a lender obtains a judgment to foreclose in court, is available in all states. However, some states also offer non-judicial foreclosure, which is a foreclosure process that takes place outside court (unless the homeowner raises a defense). Whether a foreclosure is judicial or non-judicial may affect how a homeowner may make their defense and the foreclosure timeline.

For example, a homeowner may be able to fight a foreclosure if they did not receive proper notice as required by state law and the terms of their mortgage. They may also have a defense if the mortgage servicer failed to provide them with certain information regarding their rights, such as the correct amount of money necessary to reinstate their loan.

Non-judicial foreclosures are often the more commonly used foreclosure process if a state allows them because they involve little to no court involvement. In some states, a homeowner may be able to convert a non-judicial foreclosure into a judicial foreclosure, which may be advantageous if they have a defense to foreclosure. A homeowner considering this option should consult a lawyer experienced with foreclosures in their area.

Federal Law

Homeowners may also be protected by federal law, including mortgage servicing laws that impose information and timing requirements.

State law often provides homeowners with some important rights in the foreclosure process, such as the right to reinstatement and the right of redemption. Reinstatement is the process of catching up on payments by paying the full amount past due plus any penalties and fees, thereby reinstating the loan and resuming regular payments. Redemption is the process of paying off the full amount of the loan, including interest and fees, or reimbursing the home buyer for the purchase price in order to keep the home. The right of redemption before a foreclosure sale is available in all states, but a post-sale right of redemption is only available in some states.

Even if a particular state does not provide these rights by law, these and other rights may be contained within the mortgage or deed of trust documents. A homeowner facing foreclosure should also remember that they can initiate negotiation or mediation with the lender, the loan holder, or the servicer and may ask to redeem or reinstate their loan (or pursue another alternative to foreclosure) regardless of whether they have that right under the law or their contract.

Click on a state below to learn more about the most common foreclosure process in that state. Note that this survey only covers the most common foreclosure process in each state, which may not be the only process available. Also, different laws than those covered below may apply to certain entities looking to foreclose, such as HOAs, or certain types of purchases, such as timeshares. This survey uses the term “lender,” which may be substituted with “current loan holder” or “mortgage servicer,” depending on the specific situation.

Alabama

  • Key laws: Code of Alabama Section 6-5-247 et seq.; § 35-10-11 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Alabama foreclosure procedure. To proceed with a non-judicial foreclosure in Alabama, a lender must publish notice of the intended sale of property in the newspaper in the county or counties where the land is located once per week for three consecutive weeks. This notice must include the time, place, and terms of the sale, as well as a description of the property. Lenders are also required to mail borrowers notice of their right to redeem the property at least 30 days before the foreclosure date if a homestead exemption was claimed on the property in the tax year of the sale, and the mortgage is dated on or after January 1, 2016.

A borrower may exercise a right of redemption within 180 days of the date of sale of residential property claimed as a homestead in the tax year of the sale or within one year of the date of sale of all other property. The period to exercise a right of redemption for property on which a homestead exemption was claimed does not begin until notice of the right is given, but it will never extend more than one year from the foreclosure date. The right of redemption is forfeited if the land is not delivered to the purchaser within 10 days of written demand.

Alaska

  • Key laws: Alaska Statutes Section 09.35.140; § 34.20.070 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: No

Non-judicial foreclosure is the most common Alaska foreclosure procedure. To proceed with a non-judicial foreclosure in Alaska, a lender must have a trustee record a notice of default in the correct recording district at least 30 days after the default occurs and 90 days before the sale date. The borrower must receive a copy of this notice by certified mail within 10 days of its recording. Notice alternatively may be personally delivered to the property or an occupant up to 20 days after the notice of default is recorded. Notice of the sale must be posted in three public places within five miles of the sale at least 30 days before the sale date. A copy of the notice must also appear once a week for four consecutive weeks in the newspaper nearest to the place of sale and must be published concurrently on an appropriate website at least 45 days before the sale date.

A borrower in Alaska may reinstate their loan at any time before the sale, but the trustee may refuse to accept a reinstatement if the trustee filed at least two previous notices of default, and the borrower reinstated each time. Alaska borrowers do not have a post-sale right of redemption unless the deed of trust expressly gives them this right.

Arizona

  • Key laws: Arizona Revised Statutes Section 33-801 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Generally no

Non-judicial foreclosure is the most common Arizona foreclosure procedure. To proceed with a non-judicial foreclosure in Arizona, a lender must have a trustee record a notice of sale in the land records. The sale date must be at least 91 days after the date of recording. The borrower must receive a copy of the notice of sale by certified or registered mail within five business days of recording. A copy of the notice must be posted in a conspicuous place on the property at least 20 days before the date of sale and published in a newspaper in each county where the property is located once a week for four consecutive weeks. The last date of newspaper publication must be at least 10 days before the sale date.

A borrower in Arizona has the opportunity to reinstate their loan up to 5 P.M. on the day before the sale date, exclusive of Saturdays and legal holidays. Deficiency judgments are generally not permitted in Arizona for single-family or two-family homes on two and a half acres or less. If deficiency judgments are permitted, they must be sought within 90 days of the sale. Deficiency judgments may be limited by the fair market value of the property.

Arkansas

  • Key laws: Arkansas Code Section 18-50-101 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Arkansas foreclosure procedure. To proceed with a non-judicial foreclosure in Arkansas, a lender must send the borrower a notice at least 10 days before beginning foreclosure with a copy of the note with all required endorsements, the mortgage, or the deed of trust; the name of the holder and the physical location of the original note; a copy of the original mortgage or deed of trust and each assignment or allonge of the mortgage or deed of trust, if in the lender’s possession; information about available loan modification assistance and forbearance assistance programs offered by the lender or a government agency; and a payment history showing the date of default, if applicable. The lender must then file a notice of default with the recorder of the county in which the property is located at least 60 days before the sale date. The lender must also send the borrower a copy of the notice by certified and first class mail within 30 days of recording. Notice must be published in a newspaper in the county in which the property is located or a general statewide daily publication once a week for four consecutive weeks. The final publication must occur no more than 10 days before the sale. Finally, notice must be posted at the courthouse and on the internet. No bids for less than two-thirds of the entire indebtedness due at the date of sale may be accepted during the foreclosure sale.

A borrower in Arkansas has a right to reinstate their loan at any time before the sale occurs. A lender may pursue a deficiency judgment within 12 months of the sale. Deficiency judgments in Arkansas are limited to the lesser of the difference between the amount of indebtedness (with interest and costs) and the fair market value of the property or the amount of indebtedness and the sale price.

California

Non-judicial foreclosure is the most common California foreclosure procedure. To proceed with a non-judicial foreclosure in California, a lender must attempt to contact the borrower to discuss foreclosure alternatives and must wait 30 days after contacting or meeting contact attempt requirements before recording a notice of default. The lender must advise the borrower that they have the right to request a subsequent meeting to occur within 14 days and provide them with the toll-free number to find a HUD-certified housing counselor.

In order to satisfy contact attempt requirements, the lender must send the borrower a first class letter containing the telephone number with which to contact HUD about HUD-certified housing counselors. The lender must also attempt to contact the borrower by phone at least three times at different hours on different days. If the borrower does not respond after two weeks, the lender must send a certified letter with return receipt requested. If the borrower asks the lender in writing to cease further communications, the lender need not continue contacting the borrower. Borrower-initiated contact will satisfy the contact requirement.

If a borrower submits a complete application for a first lien loan modification at least five business days before the sale date, the lender is generally prohibited from recording a notice of default or sale or conducting a foreclosure sale until there is a written determination that the borrower is not eligible and that the period to appeal has expired, the borrower does not accept an offered modification within 14 days, or the borrower has defaulted or otherwise breached their obligations under the first lien loan modification.

Within 10 days of recording the notice of default, the lender must send a copy to the borrower and anyone else requesting notice. The notice must provide the borrower with three months to cure the default (reinstate the loan). The lender must then record notice of sale up to five days before the end of the reinstatement period and send a copy to the borrower and others at least 20 days before the sale date. Notice must also be posted in a conspicuous place on the property and in a public place in the city or county where the property will be sold at least 20 days before the sale date and published in a newspaper where the property is located once a week for three consecutive weeks. The first publication must occur at least 20 days before the sale date. The sale date must be at least 20 days after the end of the reinstatement period. A borrower in California may reinstate their loan up to five business days before the date of sale set in the initial recorded notice of sale.

Colorado

  • Key laws: Colorado Revised Statutes Section 38-38-100.3 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: Generally no
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Colorado foreclosure procedure. To proceed with a non-judicial foreclosure in Colorado, a lender must mail a borrower a notice containing Colorado’s foreclosure hotline telephone number, contact information for the loss mitigation department, and a statement that it is illegal for a person acting as a foreclosure consultant to charge an up-front fee or deposit for services related to foreclosure at least 30 days before filing a Notice of Election and Demand (NED) and at least 30 days after the default.

The public trustee must then mail a notice containing information about the sale, the right to cure, and the right to redeem to the borrower within 20 calendar days of recording the NED and again between 45 and 60 days before the sale date. A variation of this notice must also be published in the paper once a week for five consecutive weeks between 45 and 60 calendar days before the sale date. The sale of the property must generally take place between 110 and 125 calendar days of the recording of the NED. Notice of a Rule 120 motion, in which the lender asks the court to authorize the foreclosure, must also be mailed and posted on the property at least 14 days before the response deadline. The borrower has the right to reinstate until noon on the day before the sale so long as they have filed a notice of intent to cure with the public trustee at least 15 calendar days before the sale date.

Connecticut

  • Key laws: Connecticut General Statutes Section 49-14 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Connecticut foreclosure procedure. Judicial foreclosures in Connecticut may be either strict foreclosures or foreclosures by sale. To proceed with a judicial foreclosure in Connecticut, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. Borrowers who are eligible for Connecticut’s foreclosure mediation program and are interested in pursuing mediation must file a Foreclosure Mediation Certificate and an appearance within 15 days of the return date on the summons. If the borrower does not participate in mediation, or the parties cannot come to an agreement, the case will proceed to trial.

If the lender wins in a foreclosure by sale, the court will set a sale date, and the home will be sold. If the lender wins in a strict foreclosure, the court will set a “Law Day” by which the borrower may exercise their right of redemption. The Law Day usually occurs between 45 and 90 days after the judgment of strict foreclosure, but a borrower may move the court to extend this deadline. If the borrower does not successfully redeem, the property passes to the lender, and a Certificate of Foreclosure is filed in the land records. Borrowers in foreclosures by sale may redeem anytime before the court confirms the sale. Borrowers may file a motion for foreclosure by sale after the lender files a motion for judgment of strict foreclosure in order to have the property sold at auction in an attempt to recoup some equity. Borrowers may also have the option of agreeing to a foreclosure by market sale in which they may live in the home while it is advertised for sale. If the home does not sell, the lender will foreclose.

In a strict foreclosure, a lender may pursue a deficiency judgment up to 30 days after the expiration of the redemption period. Deficiency judgments will be limited to the difference between the total outstanding debt and the fair market value of the property. In a foreclosure by sale, the borrower must be credited with one-half of the difference between the selling price and the appraised value if the property sells for less than its appraised value.

Delaware

  • Key laws: 10 Delaware Code Section 5061 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Delaware foreclosure procedure. To proceed with a judicial foreclosure in Delaware, a lender generally must send the borrower a notice of intent to foreclose by certified mail and first class mail at least 45 days before filing a foreclosure complaint. The notice should contain contact information for government agencies and non-profit organizations that may provide additional information about the foreclosure process and the borrower’s options, among other things.

The lender must then file a complaint with the court and serve it upon the borrower, along with a summons. The lender will likely also be required to provide a notice of foreclosure mediation with the complaint if the property is an owner-occupied one- to four-family primary residence. Eligible borrowers must meet with a HUD-approved housing counselor and certify their intent to participate in mediation to the court within 30 days of receiving the mediation notice. If the borrower elects to participate in mediation, they may receive extra time to file an answer to the complaint. If the parties cannot reach a solution in mediation, and the lender wins in court, the foreclosure sale will take place. Notice of the sale must be published in a newspaper for two weeks, posted in 10 prominent public places, and provided to the borrower at least 10 days before the sale. A borrower may redeem the property up until the court confirms the sale.

Florida

  • Key laws: Florida Statutes Section 45.031; § 95.11; § 702.06
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Florida foreclosure procedure. To proceed with a judicial foreclosure in Florida, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. If the lender wins, notice of the foreclosure sale must be published once a week for two consecutive weeks in a newspaper published in the county where the sale will take place. The second publication must occur at least five days before the sale. The foreclosure sale must usually take place between 20 and 35 days after the judgment date. After the certificate of sale is filed, the borrower has 10 days to object to the sale.

A borrower in Florida has the right to redeem the property before either the clerk files the certificate of sale or the deadline given in the foreclosure judgment passes. If there are no objections to the sale, the certificate of title will then be issued to the purchaser. The statute of limitations to obtain a deficiency judgment for residential property with four or fewer units is one year from the date when the certificate of title is issued. Deficiency judgments in Florida foreclosures are typically limited to the difference between the judgment amount and the fair market value of the property.

Georgia

Non-judicial foreclosure is the most common Georgia foreclosure procedure. To proceed with a non-judicial foreclosure in Georgia, a lender must send the borrower proper notice of the foreclosure by registered mail, certified mail, or overnight delivery, return receipt requested, at least 30 days prior to the date of the sale. The lender must also send a notice that the borrower has 10 days from receipt of the foreclosure notice to pay the principal and interest before incurring attorneys’ fees. Georgia law mandates that the foreclosure sale be advertised in a newspaper in the county where the property is located once a week for four weeks before the sale date.

A borrower in Georgia generally does not have the right to reinstate their loan before the sale, unless the loan is a high-cost home loan. Foreclosure sales are typically held at the courthouse of the county where the property is located on the first Tuesday of the month between 10 A.M. and 4 P.M. A lender has 30 days after a non-judicial foreclosure sale to file a report of sale with the superior court of the county where the property is located in order to obtain a deficiency judgment. A borrower must be served with notice at least five days before the hearing regarding the deficiency judgment. If the court finds that the sale complied with the law, the lender will be able to pursue a deficiency judgment. If not, the court may order a resale.

Hawaii

  • Key laws: Hawaii Revised Statutes Section 667-1 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Hawaii foreclosure procedure. To proceed with a judicial foreclosure in Hawaii, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. The lender must then publish notice of the foreclosure sale in a newspaper in the county in which the property is located for three consecutive weeks or on the state website at the discretion of the agency maintaining the site and at least once in an appropriate newspaper. The sale must occur no sooner than 14 days after the last publication in the newspaper and 28 days after publication on the state website.

Idaho

  • Key laws: Idaho Code Section 45-1502 et seq.;
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Idaho foreclosure procedure. To proceed with a non-judicial foreclosure in Idaho, a lender must have a trustee record a notice of default in the county recorder’s office and send a copy to the borrower. The lender must also provide the borrower with information and a request form regarding loan modification if the property is the borrower’s primary residence. The lender must approve or reject any modification application within 45 days of receipt and before the sale occurs. A borrower in Idaho may reinstate their loan up to 115 days after the notice of default is recorded.

If a foreclosure sale will occur, the borrower must receive a notice of sale at least 120 days prior to the sale by registered or certified mail. At least three good faith attempts must be made over a period of at least seven days, and at least 30 days prior to the date of sale, to serve a copy of the notice upon an adult occupant of the property. A copy of the notice must be posted in a conspicuous place on the property every time that an attempt is made, unless an adult occupant is personally served, and they are a person to whom notice of sale was required to be mailed and was mailed. Additionally, notice of the sale must be published in a newspaper in each of the counties in which the property is located once a week for four consecutive weeks, the last publication being at least 30 days prior to the date of sale. An affidavit of mailing notice, posting notice, and publishing notice must be recorded in the mortgage records in the counties in which the property is located at least 20 days before the date of sale.

A purchaser may evict the borrower 10 days after the foreclosure sale. A lender must file for a deficiency judgment within three months of the sale. A deficiency judgment is limited to the lesser of the difference between the total debt and the fair market value of the property or the difference between the total debt and the foreclosure sale price.

Illinois

  • Key laws: 735 Illinois Compiled Statutes Section 5/15-1501 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Illinois foreclosure procedure. To proceed with a judicial foreclosure in Illinois, a lender must file a complaint with the court and serve it upon the borrower, along with a summons and certain information about the borrower’s rights. Notice of a borrower’s right of reinstatement must be served on the borrower at least 30 days before beginning the foreclosure lawsuit. Reinstatement is available within 90 days of service of the foreclosure action by summons or publication, or when the borrower has otherwise submitted to the jurisdiction of the court.

If the foreclosure sale will occur, the lender must publish a notice of sale in a newspaper in the county in which the property is located once a week for three consecutive weeks. The first notice must be published no more than 45 days before the sale, and the last notice must be published at least seven days before the sale. The borrower must also receive a notice of sale by mail or email at least 10 business days before the sale date.

Pre-sale redemption is generally available for seven months after the complaint is served or three months after the foreclosure judgment is entered, whichever is later. If the lender purchased the property during the sale for less than the total amount owed by the borrower, the borrower may redeem up to 30 days after confirmation of the sale. A borrower must move out of the property 30 days after confirmation of the sale. A lender may obtain a deficiency judgment if the borrower is personally served or enters an appearance. They may also get a deficiency judgment against the property if the borrower redeems it after the sale. A deficiency judgment is not available when the borrower agrees to a consent foreclosure.

Indiana

Judicial foreclosure is the most common Indiana foreclosure procedure. To proceed with a judicial foreclosure in Indiana, a lender must send a borrower a pre-foreclosure notice by certified mail at least 30 days before filing a foreclosure suit. The pre-foreclosure notice must contain information about the default, the borrower’s rights (including the right of redemption and the right to occupy the property until the sale), the contact information for the Indiana Foreclosure Prevention Network, and information about counseling. The lender must then file a complaint with the court and serve it upon the borrower, along with a summons that states the borrower’s right to request a settlement conference within 30 days.

If the foreclosure sale will occur, notice of the sale must be posted at the courthouse and published in a newspaper in the county where the property is located once a week for three consecutive weeks, beginning at least 30 days before the sale date. The two subsequent publications may be on the official county website. The borrower must receive a copy of this notice concurrently with publication. A foreclosure sale typically must occur at least three months after a complaint is filed. If a borrower reinstates before judgment is entered, the foreclosure action will be dismissed. If they reinstate after judgment but before the sale, the foreclosure will be postponed but may move forward if the borrower misses another payment. Reinstatement is available for high-cost loans any time before title is transferred. Deficiency judgments are generally permitted in Indiana, unless the borrower and lender agree to waive the three-month waiting period between the filing and the sale.

Iowa

  • Key laws: Iowa Code Section 626.75; § 628.1 et seq.; § 654.1 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: Sometimes
  • Deficiency judgment permitted: Sometimes

Judicial foreclosure is the most common Iowa foreclosure procedure. To proceed with a judicial foreclosure in Iowa, a lender must send a borrower a notice of default and right to cure (reinstate) at least 30 days before filing a foreclosure suit (or 45 days for agricultural property). The borrower generally has the right to reinstate within 30 days of this notice (45 days for agricultural property). There is no right to reinstate if the lender has given the borrower a notice of the right to cure on a prior default within the past 365 days or, in the case of agricultural property, if the lender has given the borrower a notice of right to cure regarding two other prior defaults on the same loan.

After the time for reinstatement has ended, the lender must send the borrower a 14-day demand for payment. If the lender does not send this demand, the lender may not later ask to be awarded attorneys’ fees. If the property is an owner-occupied residence with two or fewer units, the lender must mail the borrower notice of the availability of counseling and mediation. The lender must then file a complaint with the court and serve it upon the borrower, along with a summons. If the lender wins in court, notice of the foreclosure sale must be posted at the courthouse and in at least two other public places in the county. Notice must also be published twice weekly in a newspaper in the county, the first publication occurring at least four weeks before the sale date.

If the lender has chosen to pursue judicial foreclosure with redemption, the borrower will typically be able to redeem their property within one year after the sale. The post-sale redemption period decreases to six or three months if the lender waives the deficiency or 60 days if the property is abandoned. A borrower will not have the opportunity to redeem non-agricultural property after the sale if the lender has chosen judicial foreclosure without redemption. Lenders in Iowa cannot obtain deficiency judgments in some cases, such as when the lender pursues a foreclosure without redemption and waives the right to a deficiency judgment in the petition, or when the lender does not waive the right in the petition, but the property is a one- or two-unit residence of the borrower, and the borrower does not file a demand for delay of sale.

Kansas

  • Key laws: Kansas Statutes Section 60-2401 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Generally yes

Judicial foreclosure is the most common Kansas foreclosure procedure. To proceed with a judicial foreclosure in Kansas, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. Notice of the foreclosure sale must be published in a newspaper in the county in which the judgment was rendered and the county in which the property is located once a week for three consecutive weeks. The last publication must occur between seven and 14 days before the date of sale. A borrower generally has a right to redeem the property any time within 12 months from the date of sale for the amount paid by the current owner, including expenses and interest. The redemption period may be shortened under certain circumstances, such as when the property was abandoned or the mortgage contract shortens the redemption period. A lender generally may obtain a deficiency judgment in a Kansas foreclosure unless the borrower is served by publication and does not appear in court.

Kentucky

Judicial foreclosure is the most common Kentucky foreclosure procedure. To proceed with a judicial foreclosure in Kentucky, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. If the loan is a high-cost home loan, the lender must provide notice of default and give the borrower 30 days to reinstate the mortgage before filing the complaint. If the foreclosure sale will occur, notice of the sale must be posted at the courthouse door and three other places in the vicinity of the land for 15 days before the sale and published in a newspaper. The property should be appraised by two appraisers before the sale. A borrower must move out of the property within 10 days after receiving written notice from the purchaser. A borrower may have a right to redeem the property within six months after the sale if the sale does not bring in two-thirds of the property’s appraised value.

Louisiana

Executory proceedings are the most common Louisiana foreclosure procedure. To proceed with an executory proceeding in Louisiana, a lender must file a petition with the court. If the borrower previously consented to a confession of judgment when signing their mortgage documents, which is common in Louisiana, the court may then order the property seized and sold. The sheriff must then serve the borrower with a notice of the seizure, which should include the time, date, and place of sale, and the availability of housing counseling services. The sale must be scheduled at least 60 days after the court order. Notice of the sale must be published at least twice and at least three days, excluding holidays, after serving the notice of seizure.

Foreclosures done through executory proceedings can only be challenged by appealing the court order or asking for an injunction. A lender may obtain a deficiency judgment after the executory proceeding or by converting it to a regular judicial foreclosure. The property must have been properly appraised before the sale for the lender to obtain a deficiency judgment.

Maine

  • Key laws: 14 Maine Revised Statutes Section 6111; § 6321 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Maine foreclosure procedure. To proceed with a judicial foreclosure in Maine, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. If the property is the borrower’s primary residence, the lender must first send the borrower notice of their right to reinstate the loan by certified mail and first class mail at least 35 days before filing the complaint. The Bureau of Consumer Credit Protection will send a notice to the borrower outlining their options, including possible participation in Maine’s foreclosure mediation program. A borrower must receive a mediation request form along with the complaint if the property is a primary residence with four or fewer units.

If the foreclosure sale will occur, notice of the sale must be published in a newspaper in the county where the property is located once a week for three successive weeks beginning within 90 days of the expiration of the period for redemption, which may be up to 90 days from the date of the judgment. (A borrower may also redeem the property after the redemption period expires if the lender agrees.) Notice of the sale must also be mailed to all parties appearing in the foreclosure action at least 30 calendar days before the sale date. The sale must generally occur between 30 and 45 days after the first date of publication. Deficiency judgments in Maine for lenders who purchase the property during the foreclosure sale are limited to the difference between the property’s fair market value and the total outstanding debt.

Maryland

  • Key laws: Maryland Real Property Code Section 7-105.1 et seq.; Maryland Court Rule 14-305
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Maryland foreclosure procedure. To proceed with a non-judicial foreclosure in Maryland, a lender must send the borrower a notice of intent to foreclose at least 45 days before commencing foreclosure. If the property is residential and owner-occupied, the notice must include a loss mitigation application and information about mediation, if offered, as well as contact information for the current servicer and owner of the loan. The lender may then file an order to docket or a complaint with the court and serve a copy to the borrower. An order to docket may generally be filed 90 days after default or 45 days after notice of intent to foreclose, whichever is later. The borrower may also have another opportunity for mediation at this time if they did not go through mediation before the foreclosure began.

The lender must schedule the foreclosure sale at least 15 days after an unsuccessful mediation. Notice of the sale must be published in a newspaper in the county where the action is pending at least once a week for three successive weeks, with the first publication occurring at least 15 days before the sale. Once the foreclosure sale occurs, the court must ratify it. A borrower will usually have 30 days after the filing of the report of sale to file exceptions to the foreclosure concerning problems with how the property was sold. A borrower in Maryland has up to one business day before the foreclosure sale to reinstate the loan and up until the court ratifies the sale to redeem the property. A lender may file a motion for a deficiency judgment up to three years after the final ratification of an auditor’s report.

Massachusetts

  • Key laws: Massachusetts General Laws Chapter 244, Section 1 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Massachusetts foreclosure procedure. To proceed with a non-judicial foreclosure in Massachusetts, a lender must first send a borrower notice of their 90-day right to cure (reinstate) if the property is a borrower-occupied principal residence with four or fewer units. A borrower may have a right to cure once per five-year period. Borrowers with certain high-cost or other loans must also be provided with information about loan modification.

The lender must then mail a borrower a notice of intent to foreclose and of deficiency after foreclosure at least 21 days before a foreclosure sale, or the lender may not be permitted to pursue a deficiency judgment. If the foreclosure sale will occur, notice of the sale must be published once a week for three successive weeks in a newspaper published in the city or town where the property is located. The first publication must occur at least 21 days before the date of sale. Notice of the sale must also be sent by registered mail to the owners of record at least 14 days prior to the sale. A lender generally has two years after the foreclosure sale to initiate a deficiency lawsuit.

Michigan

  • Key laws: Michigan Compiled Laws Section 600.3201 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common MIchigan foreclosure procedure. To proceed with a non-judicial foreclosure in Michigan, a lender must publish notice of the foreclosure sale in a newspaper published in the county where the property is located once a week for four successive weeks. A copy of the notice must also be posted in a conspicuous place on the premises within 15 days of the first publication. The notice must include information such as the amount due on the loan, the length of the redemption period, and contact information for the lender’s attorney.

The post-sale redemption period under Michigan law is dictated by the amount that the borrower owes at the time of foreclosure. If the borrower owes more than two-thirds of the original amount of the loan, they will have six months to redeem. If they owe two-thirds or less, they will have one year. If the property is abandoned, the redemption period is 30 days after the sale or until the time period expires for the lender to provide notice that the property is considered abandoned. A borrower may continue to live in the home during the redemption period, but they must allow a purchaser to inspect the property. If the borrower plans to move out before the redemption period expires but receives notice of an inspection, they must inform the purchaser of their move-out date, or they may be held liable for property damage after the move-out date.

While a lender may obtain a deficiency judgment after a non-judicial foreclosure in Michigan, a borrower may challenge the amount of the deficiency judgment if the lender was the purchaser at the foreclosure sale, and the borrower shows that the property was fairly worth the amount of debt secured by it at the time of sale or that the foreclosure sale price was substantially less than the true value of the property.

Minnesota

Non-judicial foreclosure is the most common Minnesota foreclosure procedure. To proceed with a non-judicial foreclosure in Minnesota, a lender must mail a borrower a notice of default with information about their right to cure the default (reinstate the loan) within 30 days. If the property is a borrower-occupied principal residence with four or fewer units, the lender must also provide notice of the availability of foreclosure prevention counseling services and state that the lender has sent the borrower’s contact information to an approved foreclosure prevention agency.

The lender may then record a notice of foreclosure with the county recorder or registrar. This notice must be recorded before the first date of publication of the notice but not more than six months before publication. Notice of the sale must be published in a newspaper for six weeks and served to the occupant at least four weeks prior to the sale. The lender must also include a foreclosure advice and redemption rights notice. Tenants of the property are also entitled to a foreclosure advice notice. If the property is classified and occupied as a homestead and has four or fewer units, the borrower may elect to postpone foreclosure in exchange for a reduced redemption period. The borrower must take the proper steps to postpone foreclosure at least 15 days before the scheduled sale date.

A borrower has a right to reinstate the loan any time before the foreclosure sale. A borrower generally also has six months to redeem the property after foreclosure. Some circumstances may extend the period of post-sale redemption to one year, such as when the amount due was less than two-thirds of the original principal amount secured by the mortgage. A deficiency judgment is not available in Minnesota if the foreclosure was done non-judicially, and the redemption period was six months, or five weeks for certain abandoned property.

Mississippi

  • Key laws: Mississippi Code 15-1-23; § 89-1-55; § 89-1-59
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Mississippi foreclosure procedure. To proceed with a non-judicial foreclosure in Mississippi, a lender must publish notice of the foreclosure sale in a newspaper in the county where the sale will take place for three consecutive weeks, as well as posting a notice on the courthouse door. The lender may then proceed with the foreclosure sale. A borrower in Mississippi has the right to reinstate the loan up to the date of sale. A lender has one year from the foreclosure sale to pursue a deficiency judgment.

Missouri

Non-judicial foreclosure is the most common Missouri foreclosure procedure. To proceed with a non-judicial foreclosure in Missouri, a lender must send notice of the foreclosure sale to the borrower by certified or registered mail at least 20 days before the sale date. Notice of the sale must also be published in a daily newspaper in counties with cities with 50,000 inhabitants or more at least 20 times up to the date of sale and weekly for four successive weeks in all other counties, the last publication falling not more than one week prior to the sale.

A borrower in Missouri may redeem their property up to one year after the foreclosure sale if the lender bought their home, so long as they provided a written notice of their intent to redeem at the sale or within 10 days before the sale date and provided a satisfactory bond within 20 days of the sale. There is no right to redeem if a third party purchased the property.

Montana

  • Key laws: Montana Code Section 71-1-301 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: Generally no
  • Deficiency judgment permitted: Generally no

Non-judicial foreclosure under the Small Tract Financing Act is the most common Montana foreclosure procedure. The Small Tract Financing Act applies when the security instrument signed with a loan for real property of 40 acres or less includes language similar to “trust indenture under the Small Tract Financing Act.”

To proceed with a non-judicial foreclosure under the Small Tract Financing Act in Montana, a lender must record notice of the foreclosure sale with the office of the clerk and recorder and send notice by certified mail to the borrower at least 120 days before the sale date. A copy of the notice must also be posted in a conspicuous place on the property at least 20 days before the sale date and published in a newspaper in the county where the property is located once a week for three successive weeks. The last publication must occur at least 20 days before the sale date.

The Small Tract Financing Act allows a borrower to reinstate the loan at any time up until the foreclosure sale occurs. However, there is no post-sale right of redemption under the Act. Deficiency judgments are also not available for non-judicial foreclosures under the Small Tract Financing Act.

Nebraska

  • Key laws: Nebraska Revised Statutes Section 76-1001 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Nebraska foreclosure procedure. To proceed with a non-judicial foreclosure in Nebraska, a lender must have a trustee record a notice of default in the office of the register of deeds and provide the borrower with one month to cure (reinstate). The borrower will have two months to cure if the property is used in farming operations and not in an incorporated city or village. A copy of the notice of default must also be sent by registered or certified mail within 10 days to anyone who previously filed a request for notice in the office of the register of deeds. Nebraska deeds of trust often include a clause under which the borrower must receive a copy of the notice. Under some circumstances when the borrower does not receive notice by mail, a copy of the notice must be published in a newspaper in the county where the property is located once a week for three consecutive weeks, beginning no more than 10 days after the filing for record of the notice of default.

After the period for reinstatement expires, the trustee must publish notice of the foreclosure sale in a newspaper in the county where the property is located once a week for five consecutive weeks. The last publication must occur between 10 and 30 days before the sale. Notice of the sale must be sent by registered or certified mail at least 20 days before the sale date to anyone who filed a request for notice in the office of the register of deeds. Again, a borrower will usually also receive this notice due to a clause in the deed of trust. A lender may obtain a deficiency judgment up to three months after the foreclosure sale, but the deficiency judgment will be limited to the lesser of the difference between the total amount of indebtedness (plus interest and costs) and the fair market value of the property and the difference between the total amount of indebtedness and the foreclosure sale price.

Nevada

Non-judicial foreclosure is the most common Nevada foreclosure procedure. To proceed with a non-judicial foreclosure in Nevada, a lender must mail the borrower a notice containing information about the account at least 30 days before recording a notice of default or commencing a foreclosure action and 30 days after the default occurs. The notice must contain certain information about the default, including the total amount necessary to cure the default (reinstate the loan), and information about the borrower’s eligibility for protections. It must also include information about the foreclosure prevention alternatives offered by the servicer or lender and contact information for at least one counseling agency or program approved by HUD.

A trustee must then record a notice of default in the office of the recorder. The trustee or the lender must also record a proper affidavit containing information about the loan. A copy of the notice must be sent within 10 days to each person with an interest in the property and each person who has recorded a request for a copy. If the property is residential, a copy of the notice must also be posted in a conspicuous place on the property at least 100 days before the sale date. If the property is owner-occupied, the borrower must generally be given the option to participate in foreclosure mediation and must be personally served a foreclosure notice containing foreclosure-related resources at least 60 days before the sale date.

At least three months after recording the notice of default, notice of the foreclosure sale must be recorded, personally served or mailed by registered or certified mail to all required parties 20 days before the sale, posted on the property 15 days before the sale, posted in a public place in the county where the property is located for 20 successive days before the sale, and published in a newspaper in the county where the property is located once a week for three consecutive weeks.

A borrower in Nevada may reinstate their loan up to five days before the foreclosure sale date. Deficiency judgments may be obtained within six months of a foreclosure sale, but they are generally limited to the lesser of the difference between the amount of indebtedness and the fair market value of the property or the difference between the amount of indebtedness and the foreclosure sale price. Deficiency judgments are prohibited in certain situations.

New Hampshire

Non-judicial foreclosure is the most common New Hampshire foreclosure procedure. To proceed with a non-judicial foreclosure in New Hampshire, a lender must serve the borrower with notice of the foreclosure sale or send notice by registered or certified mail at least 45 days before the sale in the case of a residential mortgage. Notice must also be published in a newspaper in the town or county where the property is located once a week for three successive weeks. The first publication must occur at least 20 days before the date of sale. A borrower in New Hampshire may redeem the property before the foreclosure sale, but there is no post-sale right of redemption by law.

New Jersey

  • Key laws: New Jersey Revised Statutes Section 2A:50-1 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common New Jersey foreclosure procedure. To proceed with a judicial foreclosure in New Jersey, a lender must send a borrower a notice of intent to foreclose by registered or certified mail between 30 and 180 days before filing a complaint. The notice must state that the borrower has 30 days to cure (reinstate) the mortgage and provide the amount necessary to cure the default. After the reinstatement period has passed, the lender may then file a complaint with the Office of Foreclosure in the Superior Court of New Jersey and serve it upon the borrower, along with a summons. The borrower should also receive more information about their rights in foreclosure and the state’s foreclosure mediation program. A borrower typically must request mediation within 60 days of receiving the complaint.

If the borrower answers the complaint and opposes the foreclosure within 35 days, the case will be sent to a judge in the county in which the property is located. The lender may ask for a default judgment if the borrower has not responded to the complaint within 35 days, but it must first send the borrower a final notice offering them the chance to cure the default at least 14 days before asking for a default judgment. The borrower has 10 days to respond to the notice with their good faith estimate for curing the default and 45 days to cure the default. If the borrower does not cure the default, the property will be sold within 150 days of the writ of execution.

A borrower has up to 10 days to redeem the property after the foreclosure sale and up to six months to redeem after entry of a deficiency judgment. The lender must pursue a deficiency judgment within three months of the foreclosure sale date or the date when the sale was confirmed, if confirmation is required. A borrower may file an answer in the deficiency action, and the court may limit the deficiency judgment to the difference between the total debt and the property’s fair market value. However, a borrower will lose their right to redeem the property if they dispute the amount of the deficiency.

New Mexico

Judicial foreclosure is the most common New Mexico foreclosure procedure. To proceed with a judicial foreclosure in New Mexico, a lender must first send the borrower a notice of the default and the right to cure with information about the nature of the default, how the borrower may cure (reinstate) the loan, the date by which they may cure, a warning about a possible lawsuit, and whom the borrower may contact if they disagree with the assertion that a default has occurred or how much is necessary to cure the default. The deadline for a borrower to cure the default must be at least 30 days after the date when the notice is delivered.

If the borrower does not cure the default, the lender may file a complaint with the court and serve it upon the borrower, along with a summons. If the foreclosure sale will occur, notice of the sale must be published for four weeks in a newspaper in the county in which the property is located and posted six times publicly. The foreclosure sale must take place at least 30 days after entry of the foreclosure judgment. The borrower will have nine months from the date of sale to redeem the property if such a right is not further limited by the terms of their mortgage. If the parties have shortened the redemption period, the court may extend the period up to nine months.

New York

Judicial foreclosure is the most common New York foreclosure procedure. To proceed with a judicial foreclosure on an owner-occupied property of four or fewer units in New York, a lender must first send the borrower a notice of foreclosure containing pertinent information and resources at least 90 days before filing a complaint. The lender may then file a complaint with the court and serve it upon the borrower, along with a summons. The borrower should also receive information at this time regarding foreclosure resources and assistance. A borrower involved in a residential foreclosure will generally have the right to participate in a foreclosure settlement conference within 60 days of the filing of proof of service.

If the foreclosure sale will occur, notice of the sale must be published in a newspaper in the county in which the property is located for a series of weeks. When the property is located outside a city or incorporated village, notice must also be posted in three public places at least 28 days before the sale date.

If the borrower reinstates the loan before the foreclosure judgment, the court will dismiss the action. If the borrower reinstates the loan after the judgment but before the sale, the court will stay (pause) the proceedings. If the proceedings are stayed rather than dismissed, the court may immediately direct enforcement of the judgment if the borrower defaults once more. A lender may obtain a deficiency judgment up to 90 days after the deed is delivered to the purchaser if the borrower has appeared or has been personally served. The deficiency judgment will be for the difference between the amount of indebtedness (with interest and costs) and the fair market value of the property or the sale price, whichever is greater.

North Carolina

Non-judicial foreclosure is the most common North Carolina foreclosure procedure. To proceed with a non-judicial foreclosure in North Carolina, a lender must mail the borrower a pre-foreclosure notice at least 45 days before filing a notice of hearing in a foreclosure proceeding on a primary residence. The notice must contain information such as an itemization of past due amounts and other charges necessary to bring the loan current and the contact information for certain foreclosure prevention programs.

The lender may then commence foreclosure by filing a notice of hearing with the court clerk and serve such notice on the borrower at least 10 days before the hearing by personal service or 20 days before the hearing if service is done by posting notice on the property. The borrower must also receive a notice of default containing a statement of the amount due within 30 days of the notice of hearing. The court clerk may order the hearing continued (postponed) to up to 60 days from the originally scheduled date if the property is the borrower’s principal residence, and there is good cause to believe that additional time will help the parties come to a resolution.

If the foreclosure sale will occur, notice of the sale must be posted in an area designated by the court clerk in the county where the property is located at least 20 days before the sale. It must also be published in a newspaper in the county where the property is located once a week for two successive weeks. There must be no less than seven days between the date of first publication and the date of last publication, and the date of last publication must be no more than 10 days before the sale date. Finally, the notice must be mailed to the borrower by first class mail at least 20 days before the sale date.

A borrower may redeem the property during the period for submitting an upset bid, which usually lasts 10 days after the report of sale is filed. Deficiency judgments are not permitted in North Carolina in certain circumstances, such as when the mortgage was non-traditional or a rate spread home loan. If a lender obtains a deficiency judgment after purchasing the property during the foreclosure sale, the borrower may challenge the amount by showing that the fair market value of the property is greater than the sale price.

North Dakota

  • Key laws: North Dakota Century Code Section 28-23-04; § 32-19-01 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: Generally yes
  • Deficiency judgment permitted: Sometimes

Judicial foreclosure is the most common North Dakota foreclosure procedure. To proceed with a judicial foreclosure in North Dakota, a lender must send the borrower notice of the potential foreclosure, with a 30-day window to pay the amount due and cure the default (reinstate the loan), between 30 and 90 days before filing a complaint. The lender may then file a complaint with the court and serve it upon the borrower, along with a summons.

If the foreclosure sale will occur, notice of the sale must be published in a newspaper in the county where the property is located once a week for three successive weeks. The last publication must occur at least 10 days before the sale. Certain non-owner defendants are also entitled to a copy of the notice at least 10 days before the sale date.

A borrower generally has the right to redeem the property up to 60 days after the sale, except for abandoned property. Deficiency judgments are not permitted after foreclosures of residential property with four or fewer units and up to 40 contiguous acres containing a residence occupied by the owner as a homestead. Deficiency judgments on agricultural land of more than 40 acres are permitted, but they are limited to the difference between the amount of the debt and the fair market value of the property. In all other cases, deficiency judgments may be for the difference between the appraised value and the amount due.

Ohio

Judicial foreclosure is the most common Ohio foreclosure procedure. To proceed with a judicial foreclosure in Ohio, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. The summons may include information about foreclosure mediation, along with a request form. The borrower will have 28 days to answer the complaint and serve or mail their answer to the lender’s lawyer. The answer must also be filed with the court within three days of serving it.

If the foreclosure sale will occur, notice of the sale must be published in a newspaper in the county where the property is located once a week for three consecutive weeks. The lender may also be required to serve notice of the sale upon the borrower and file it with the court. Property sold during a foreclosure sale cannot be sold for less than two-thirds of its appraised value. A borrower generally has the right to redeem the property at any time before confirmation of the sale.

Oklahoma

Judicial foreclosure is the most common Oklahoma foreclosure procedure. Oklahoma also offers a non-judicial foreclosure process for mortgage contracts that contain a power of sale clause, but a borrower may force a lender to proceed judicially if, at least 10 days before the foreclosure sale, they notify the lender by certified mail that the property is their homestead and that they elect judicial foreclosure, and they file a copy of the notice with a legal description of the property in the office of the county clerk of the county where the property is located.

To proceed with a judicial foreclosure in Oklahoma, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. If the foreclosure sale will occur, notice of the sale must be sent by first class mail to the borrower at least 10 days before the date of sale. Notice of the sale must also be published in a newspaper in the county in which the property is located for two successive weeks. The first publication must occur at least 30 days before the sale date. Additionally, notice must be posted on the courthouse door and in five public places under certain conditions.

A borrower has a right to redeem the property until the foreclosure sale is confirmed by the court. A lender may obtain a deficiency judgment up to 90 days after the date of sale. Deficiency judgments may not be for more than the difference between the total debt owed (plus interest and costs) and the market value of the property or the sale price of the property, whichever is greater. A borrower may avoid a deficiency judgment in a non-judicial foreclosure in Oklahoma by sending the lender written notice by certified mail that the property is their homestead and that they elect against a deficiency judgment at least 10 days before the foreclosure sale. The borrower must be able to establish their property as a homestead if contested.

Oregon

  • Key laws: Oregon Revised Statutes Section 86.726 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: No

Non-judicial foreclosure is the most common Oregon foreclosure procedure. To proceed with a non-judicial foreclosure in Oregon, a lender generally must first send the borrower a notice about participating in a resolution conference. If the borrower elects to participate, the resolution conference must be scheduled within 10 days and must take place within 75 days of the date when the lender sent the notice. The borrower must meet with a housing counselor before the conference or notify the lender that they could not obtain an appointment before the conference, and both parties must pay a fee.

If the resolution conference does not occur or is unsuccessful, the lender must then record notice of default in the county clerk’s office. The borrower must also receive, by personal service or mail, a sufficient notice of sale at least 120 days before the date of sale. The notice must state, among other things, that the borrower has the right to reinstate the loan and cure the default up to five days before the sale date. The lender may also be required to send the borrower a notice containing certain information and resources related to foreclosure by first class and certified mail. This notice must be sent on or before the date when the notice of sale is served or sent. Notice of the sale must also be published in a newspaper in the county in which the property is located once a week for four successive weeks. The last publication must occur at least 20 days before the date of sale.

There is no post-sale redemption right in Oregon, but the sale may be rescinded within 10 days in some circumstances, such as when the parties agree to a foreclosure avoidance measure that would postpone or discontinue the sale. Deficiency judgments are not permitted after non-judicial foreclosures in Oregon and are limited in judicial foreclosures.

Pennsylvania

  • Key laws: Pennsylvania Statutes Title 35, Section 1680.403c; Title 35, Section 1680.403c; Title 35, Section 1680.409c; Title 41, Section 403; Title 41, Section 404; Title 42, Section 5522; Title 42, Section 8103; Pennsylvania Rule of Civil Procedure 3129.2
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Pennsylvania foreclosure procedure. To proceed with a judicial foreclosure in Pennsylvania, a lender generally must first send the borrower a notice of intent to foreclose, including information about the borrower’s right to cure the default (reinstate the loan), at least 30 days before filing a complaint, although this notice is not required if the property is abandoned. The lender may also be required to send the borrower a notice regarding the Homeowner’s Emergency Mortgage Assistance Program and the borrower’s ability to meet with a local consumer credit counseling agency within 30 days (plus three days for mailing time) in order to postpone the potential foreclosure for 30 days. In some counties, it may be mandatory for borrowers to participate in a foreclosure diversion or conciliation program, while borrowers in other counties may have the option to participate to avoid or postpone foreclosure.

The lender may then file a complaint with the court and serve it upon the borrower, along with a summons. If the foreclosure sale will occur, notice of the sale must be posted on the premises and served to the borrower at least 30 days before the sale date. It must also be published in a newspaper in the county where the property is located once a week for three successive weeks and possibly in a designated legal publication. The first publication must occur at least 21 days before the sale date. A borrower has until one hour before bidding begins at a residential foreclosure sale to cure the default. This right is limited to a maximum of three times in one year. A lender has up to six months to obtain a deficiency judgment. If the lender buys the property at the foreclosure sale, a deficiency judgment will be limited by the property’s fair market value.

Rhode Island

  • Key laws: Rhode Island General Laws Section 34-27-1 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: No
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Rhode Island foreclosure procedure. To proceed with a non-judicial foreclosure in Rhode Island, a lender generally must provide a mediation notice to the borrower within 120 days of the default. This timeframe may be shorter under certain circumstances, such as when the loan is released from the protection of an automatic stay in a bankruptcy proceeding or a similar injunctive order. Mediation is available in the case of a first-lien mortgage on an owner-occupied residential property of four units or fewer that serves as the borrower’s primary residence. Mediation will take place within 60 days of the mailing of the notice.

The lender may proceed with foreclosure if the borrower fails to respond to the mediation coordinator after two attempts or otherwise fails to cooperate, or if the mediation takes place in good faith but is ultimately unsuccessful. Notice of the foreclosure sale must be published in a newspaper once a week for three successive weeks. The first publication must occur at least 21 days before the sale date, and the third must occur between seven and 14 days before the sale date. Notice must also generally be sent to the borrower by certified mail at least 30 days before the first publication.

South Carolina

Judicial foreclosure is the most common South Carolina foreclosure procedure. To proceed with a judicial foreclosure in South Carolina, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. The lender must also send the borrower notice of their right to foreclosure intervention. A borrower has 30 days from service of the notice to request such intervention. A borrower qualifies for foreclosure intervention if they live in the home as their principal residence. Foreclosure must be postponed while the parties participate in foreclosure intervention.

If foreclosure proceeds, notice of the sale must be posted at the courthouse and in two other public places in the county where the property is located. It also must be published in a newspaper once a week for three consecutive weeks before the sale. The lender may obtain a deficiency judgment, but it must keep bidding on the property open for 30 days after the sale to do so. The deficiency judgment may be limited to the difference between the total outstanding debt and the property’s appraised value if the borrower asks the court for an appraisal within 30 days of sale.

South Dakota

Non-judicial foreclosure is the most common South Dakota foreclosure procedure. To proceed with a non-judicial foreclosure in South Dakota, a lender must serve the borrower a notice of sale at least 21 days before the sale date and publish notice in a newspaper in the county where the property is located once a week for four successive weeks. Even after a non-judicial foreclosure has begun, a borrower may elect to force the lender to proceed judicially by applying to a court with jurisdiction over the foreclosure.

Parties may also pursue a non-judicial voluntary foreclosure in South Dakota, meaning that the borrower deeds the property to the lender and agrees to give up their right to redeem in exchange for the lender agreeing to give up their right to a deficiency judgment. A borrower generally may redeem up to one year after the date of the foreclosure sale. However, the redemption period will be 180 days after the certificate of sale is recorded in the case of short-term redemption mortgages. The redemption period might also be shortened if the property is abandoned. If the lender purchases the property at the foreclosure sale, any deficiency judgment will be limited by the property’s fair market value.

Tennessee

  • Key laws: Tennessee Code Section 35-5-101 et seq.; § 45-20-104; § 66-8-101 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Generally no
  • Post-sale redemption opportunity required by law: Generally yes
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Tennessee foreclosure procedure. To proceed with a non-judicial foreclosure in Tennessee, a lender generally must publish notice of the foreclosure sale in a newspaper in the county where the sale will be made at least three times. The first publication must occur at least 20 days before the sale. If notice cannot be provided in a newspaper, it must be posted in at least five of the most public places in the county, including the courthouse door and the borrower’s neighborhood, for 30 days. Notice of the sale must also be sent to the borrower by registered or certified mail on or before the first date of publication.

Reinstatement is only required by law in the case of high-cost home loans. In this case, the lender must send the borrower a notice of their right to cure the default (reinstate the loan) at least 30 days before publishing notice of foreclosure or initiating a judicial foreclosure. A borrower in Tennessee generally has two years after the foreclosure sale to redeem their property unless their mortgage or deed of trust expressly waives the right of redemption. Lenders may typically obtain deficiency judgments for up to two years following non-judicial foreclosures, but such judgments may be limited by the fair market value of the property if the borrower shows that the property sold for materially less than its fair market value.

Texas

  • Key laws: Texas Property Code Section 51.002; § 51.003
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Texas foreclosure procedure. To proceed with a non-judicial foreclosure in Texas, a lender must first send written notice by certified mail stating that the borrower is in default and has at least 20 days to cure the default (reinstate the loan) if the property is the borrower’s primary residence. The borrower must then be served with a notice of sale by certified mail at least 21 days before the date of sale. Notice must also be posted at the courthouse door in the county where the property is located and filed in the office of the county clerk. Foreclosure sales generally take place between 10 A.M. and 4 P.M. on the first Tuesday of the month at the courthouse in the county where the property is located. Actions for deficiency judgments in Texas must be brought within two years of the foreclosure sale. The borrower may argue that the property’s fair market value should limit the amount of the deficiency judgment.

Utah

  • Key laws: Utah Code Section 57-1-24 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Utah foreclosure procedure. To proceed with a non-judicial foreclosure in Utah, a lender must designate a single point of contact and send a written pre-foreclosure notice to the borrower, which should include a period of at least 30 days during which the borrower may cure the default (reinstate the loan). A trustee must then file a notice of default in the office of the recorder of the county where the property is located. A period of three months must elapse before the trustee sends the borrower a notice of sale. The notice of default and notice of sale must be sent to anyone who has recorded a request for a copy in the office of the county recorder within 10 days after the notice of default is recorded and at least 20 days before the date of sale, respectively. Trust deeds in Utah often request that copies be similarly mailed to the borrower. Notice of the sale must be published in a newspaper in the county where the property is located at least once a week for three consecutive weeks. The last publication must occur between 10 and 30 days before the date of sale. Notice of the sale must also generally be posted in a conspicuous place on the property and at the office of the county recorder where the property is located at least 20 days before the sale date.

A borrower in Utah has up to three months after the filing for record of notice of default to reinstate the loan. A lender may obtain a deficiency judgment at any time within three months of the foreclosure sale. Deficiency judgments are limited to the difference between the total amount of indebtedness (with interest and costs) and the fair market value of the property.

Vermont

  • Key laws: Vermont Statutes Title 12, Section 4931 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Sometimes
  • Post-sale redemption opportunity required by law: Yes
  • Deficiency judgment permitted: Generally yes

Judicial foreclosure is the most common Vermont foreclosure procedure. Judicial foreclosures in Vermont may be either strict foreclosures or foreclosures by judicial sale. A lender may pursue a strict foreclosure in Vermont if the court finds that there is no substantial value in the property above and beyond the mortgage debt and unpaid property taxes due. In a strict foreclosure, the court will enter a judgment transferring the property to the lender without holding a foreclosure sale. A borrower may ask the court for a judicial foreclosure sale instead. Borrowers may have the right to participate in foreclosure mediation in either case.

To proceed with a foreclosure by judicial sale in Vermont, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. If the lender wins in court, the court will set a sale date, and the home will be sold. Notice of the sale must be mailed by first class mail to the borrower at least 30 days before the sale and published in a newspaper in the town where the property is located once a week for three successive weeks, beginning at least 21 days before the sale.

A borrower has the right to reinstate the loan after the redemption period expires but before the judicial sale occurs if both the lender and the borrower agree. A borrower may be able to redeem an owner-occupied principal residence up to six months after the date of the foreclosure decree in the case of a foreclosure by judicial sale. The court will set the time for redemption in its decree. Owner-occupied principal residences may not be sold less than seven months after the foreclosure complaint is served, unless the court orders and the parties agree to a shorter redemption period. In the case of strict foreclosure, a borrower may redeem the property up to six months after the date of the foreclosure decree, unless the court sets or the parties agree to a shorter redemption period.

Deficiency judgments are limited by the property’s fair market value in strict foreclosures and in foreclosures by judicial sale when the lender is the purchaser. If the lender does not request a deficiency judgment before the court confirms the sale in a foreclosure by judicial sale, the right to a deficiency judgment is waived.

Virginia

Non-judicial foreclosure is the most common Virginia foreclosure procedure. To proceed with a non-judicial foreclosure in Virginia, a lender must serve the borrower with a notice of sale by certified or registered mail at least 60 days before the sale date in the case of owner-occupied residential property and at least 14 days before the sale date for all other property. If the property is owner-occupied and residential, this notice must contain the date of the last payment received; the total amount of principal, interest, costs, and fees due; and the remaining total balance due, as well as the web address of HUD’s Office of Counseling with a list of HUD-certified counseling agencies and contact information for the statewide legal aid center.

Notice of sale generally must also be published in a newspaper in the county where the property is located once a week for four successive weeks (or on five different days if the property is located in a city or county immediately contiguous to a city), or in an amount agreed upon in the deed of trust, but not less than once a week for two weeks or once a day for three days. The sale must occur on a date following the last publication that is at least eight days after the first publication and no more than 30 days after the last publication.

Washington

  • Key laws: Revised Code of Washington Section 61.24.005 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: No

Non-judicial foreclosure is the most common Washington foreclosure procedure. To proceed with a non-judicial foreclosure in Washington, a lender must send the borrower a letter regarding the lender’s intent to foreclose. The letter must include, among other things, information about meeting with the lender to discuss loss mitigation options and information about contacting the statewide foreclosure hotline, the statewide civil legal aid hotline, and a HUD-approved housing counselor. A borrower has 30 days to respond to this letter. If they do not respond, and the lender has complied with other obligations, such as attempting to contact the borrower by phone, the lender may issue a notice of default. If they do respond, the lender must wait an additional 60 days to issue a notice of default.

Notice of default must be sent to the borrower by first class and either certified or registered mail at least 30 days before notice of sale is recorded or served. It must also be posted in a conspicuous place on the property or personally served on the borrower. A borrower must opt in to mediation, if desired, by using a referral from a housing counselor or a lawyer. A borrower must request mediation between the time when the notice of default is issued and up to 20 days after the notice of sale is recorded. If the borrower is referred to mediation before a notice of sale is recorded, the notice of sale cannot be recorded until the mediation is completed. If the borrower is referred to mediation after the notice of sale is recorded, the sale cannot occur until the mediation is completed.

If the foreclosure sale will occur, notice of the sale must be recorded in the office of the county auditor at least 90 days (in some cases 120 days) before the sale. A copy of the notice of sale must also be sent to the borrower by first class and either certified or registered mail and posted in a conspicuous place on the property or served upon any occupant of the property. Finally, notice of the sale must be published in a legal newspaper in the county where the property is located once on or between the 35th and 28th day before the sale date and again on or between the 14th and seventh day before the sale date. At least 190 days must pass between the date of default and the sale date. A purchaser is entitled to possession of the property on the 20th day after the foreclosure sale. A borrower may cure the default (reinstate the loan) up to 11 days before the sale.

Washington, D.C.

  • Key laws: District of Columbia Code Section 42-815 et seq.
  • Most common foreclosure process: Non-judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Non-judicial foreclosure is the most common Washington, D.C. foreclosure procedure. To proceed with a non-judicial foreclosure in Washington, D.C., a lender must send notice of default to the borrower by certified mail and first class mail if foreclosing a residential mortgage, a copy of which must be sent to the mayor. The notice of default must contain the amount required to cure the default (reinstate the loan), among other things. The lender must also send the borrower information about the foreclosure mediation program. A borrower may opt in to foreclosure mediation by sending a mediation election form and fee within 30 days of receipt.

If the lender and borrower cannot agree to avoid foreclosure, the lender then must send the borrower a notice of intent to foreclose by certified mail and first class mail. A copy of this notice must also be sent to the mayor at least 30 days before the sale date. Public notice requirements, including publication in a newspaper, are usually outlined in the deed of trust. A borrower in Washington, D.C. has up to five business days before bidding begins in the foreclosure sale to cure the default, but not more than once every two years.

West Virginia

Non-judicial foreclosure is the most common West Virginia foreclosure procedure. To proceed with a non-judicial foreclosure in West Virginia, a lender must send the borrower a notice of default giving the borrower 10 days to cure (reinstate the loan). Borrowers may be in default up to three times on the same obligation before they lose their right to cure. If the foreclosure sale will occur, the lender must advertise the sale in the county where the property is located and serve the borrower a copy of the sale notice by certified mail within a reasonable time. (The West Virginia Supreme Court has further explained these rules.) Notice is considered complete once the notice is mailed, even if it is returned as refused or undeliverable.

Wisconsin

  • Key laws: Wisconsin Statutes Section 815.31; § 846.01 et seq.
  • Most common foreclosure process: Judicial
  • Reinstatement opportunity required by law: Yes
  • Post-sale redemption opportunity required by law: No
  • Deficiency judgment permitted: Yes

Judicial foreclosure is the most common Wisconsin foreclosure procedure. To proceed with a judicial foreclosure in Wisconsin, a lender must file a complaint with the court and serve it upon the borrower, along with a summons. The lender may also be required to provide the borrower with an application for the county’s foreclosure mediation program if it is available. If the foreclosure sale will occur, notice of the sale must be published in a public place in the town or municipality where the sale will take place and where the property is located at least three weeks prior to the sale. If the county where the sale will take place or where the property is located maintains a website, notice must also be posted there at the same time. Towns or municipalities where property will be sold or is located that maintain websites may also post notice there. Finally, a copy of the notice must be published in a newspaper in the county once a week for three successive weeks.

A borrower in Wisconsin may reinstate their loan at any time before the foreclosure judgment in order to dismiss the foreclosure. If a borrower reinstates after judgment, the foreclosure will be stayed (postponed) but will proceed if the borrower defaults again. Similarly, a borrower may redeem the property before the sale, but they do not have that right once the sale occurs. In the case of owner-occupied residences with four or fewer units, redemption periods are typically six months after judgment for mortgages executed on or after April 27, 2016 and 12 months after judgment for mortgages executed before April 27, 2016. A lender may obtain a deficiency judgment if they request it in the foreclosure complaint, but lenders often waive the right to a deficiency judgment so that they may shorten the borrower’s redemption period.

Wyoming

Non-judicial foreclosure is the most common Wyoming foreclosure procedure. To proceed with a non-judicial foreclosure in Wyoming, a lender must send the borrower and the person in possession of the premises, if different, notice of intent to foreclose by certified mail at least 10 days before publication of the notice of sale. Notice of the sale must then be published in a newspaper in the county where the property is located once a week for four consecutive weeks. A copy of the notice must be served by certified mail upon the borrower and the person in possession of the premises, if different, at least 25 days before the sale date and before the first publication.

If the sale proceeds are in excess of the debt owed, the lender must serve a copy of the sale results to the borrower within 10 business days of the sale. Borrowers in Wyoming may generally redeem their property within three months of the date of sale. If the property is agricultural, the redemption period is 12 months from the date of sale. A purchaser has a limited right of entry during the redemption period to ensure that the property does not significantly deteriorate.

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