State by state · 50 states

Foreclosure by state

Whether each state forecloses through the courts or by trustee sale, how long it takes, and any right of redemption after the sale.

Compiled on October 14, 2026 from Payotte's state articles, each checked against the official sources it cites.

In short

4 states foreclose mainly by trustee sale without a court (non-judicial): Colorado, Georgia, Virginia and West Virginia. 17 states foreclose through the courts (judicial). 29 states allow both judicial and non-judicial foreclosure.

The table

State	Process	Timeline	Redemption after sale
Alabama	Both	Notice of sale is published once a week for three successive weeks before the sale; the article gives no total duration.	180 days from the sale for a residence on which a homestead exemption was claimed, one year for other property.
Alaska	Both	Earliest sale about 120 days from default (notice of default at least 30 days after the default and at least 90 days before the sale); the statutes set no maximum length.	None after a trustee's sale unless the deed of trust declares one; after a court-ordered sale, the borrower may redeem before court confirmation, or within 12 months of the confirmation order, paying the price plus 8% a year interest and certain costs.
Arizona	Both	Earliest sale is the 91st day after the trustee records the notice of sale; the borrower can reinstate until 5:00 p.m. on the last business day before the sale.	None after a trustee's sale (deed is absolute without right of redemption); after a court foreclosure and sheriff's sale, six months, or 30 days if the court found the property abandoned.
Arkansas	Both	No sale until at least 60 days after the notice of default and intention to sell is recorded.	none
California	Both	Legal minimum about seven and a half months from the first missed payment (120 days federal wait, then three months and 20 days from notice of default to sale); the California Courts Self-Help Guide says nonjudicial foreclosures usually take about 4-6 months.	None after a trustee's sale; after a judicial sale allowing a deficiency, three months if the sale price covered the debt, interest and costs, or one year if it did not.
Colorado	Non-judicial	First sale is set 110 to 125 days after the notice of election and demand is recorded (215 to 230 days if the property is agricultural); a sale may be continued up to 12 months from the original date.	No redemption right for the owner in the sections read; junior lienors must file a notice of intent to redeem within 8 business days of the sale, and redeem between 15 and 19 business days after the sale.
Connecticut	Judicial	No statutory total length; mediation ends after three sessions or 7 months from the return date, and no judgment may enter until mediation has ended and, if fewer than eight months have passed, 15 more days have elapsed.	No fixed redemption period after a ratified sale in the sections read; in strict foreclosure the owner can pay by the law day set in the judgment, and in a foreclosure by sale the property can be redeemed any time before the court approves the sale.
Delaware	Judicial	No statute sets a total timeline; for an owner-occupied home, 45 days of notice of intent before filing, a mediation conference 45 to 75 days after service, and a sheriff's notice of sale at least 10 days before the sale, plus the federal 120-day wait.	No statutory right to buy back the home after the sheriff's sale in the sections read; the buyer holds the property discharged from all equity of redemption.
Florida	Judicial	Legal minimum about six and a half months from the first missed payment; the clerk sells the home not less than 20 or more than 35 days after judgment, and an uncontested case with the deficiency waived must reach judgment within 90 days after the close of pleadings.	Until the later of the filing of the certificate of sale or the time stated in the judgment; otherwise there is no right of redemption.
Georgia	Non-judicial	Written notice at least 30 days before the sale and newspaper advertising weekly for four weeks; the article's example gives about five months from the first missed payment as a legal minimum.	none
Hawaii	Both	—	—
Idaho	Both	Notice of sale must be mailed at least 120 days before the sale; with the federal 120-day wait, the minimum is roughly seven to eight months (the article's example gives about 7.5 months).	None after a trustee's sale; after a judicial foreclosure sale, six months if the property is 20 acres or less, or one year if larger.
Illinois	Judicial	Statutory minimums only: reinstatement within 90 days of service, redemption period of the later of 7 months from service or 3 months from judgment, and a 3-week published notice of sale; the article gives no typical total duration.	The later of 7 months after service or 3 months after judgment for a residential mortgage; shortened to the later of the reinstatement period or 60 days after judgment for low-value property with a deficiency waived, and to 30 days after judgment if the home is abandoned.
Indiana	Judicial	No sheriff's sale process for 3 months after the complaint is filed, and the sale date must be no later than 120 days after the clerk certifies the judgment to the sheriff (60 days if abandoned); the article found no official typical total duration.	No fixed period after the sale; any owner can redeem by paying the judgment, interest and costs before the sale, so the deadline is the sale date.
Iowa	Judicial	Lender must first give a 30-day right to cure; the article gives no total duration for the court case.	By default 1 year from the sale (owner exclusive for the first 6 months, creditors within 9 months); shorter paths: 6 months (3 months if not agricultural) by agreement under 10 acres with a deficiency waived, 60 days if abandoned with a deficiency waived, or none if the lender elects foreclosure without redemption.
Kansas	Judicial	Defendant answers within 21 days of service; notice of sale runs once a week for three consecutive weeks, the last 7 to 14 days before the sale; the article gives no total duration.	12 months from the day of sale, or 3 months if the default came before one-third of the original loan was paid; the owner keeps possession during redemption.
Kentucky	Judicial	No statutory minimum or maximum found; the Kentucky Homeownership Protection Center says time varies by county and servicers usually allow about 90 days before starting proceedings, plus the federal 120-day wait.	Only if the property does not bring two-thirds of its appraised value: six months from the day of sale, paying the purchase price, 10% annual interest and the purchaser's reasonable costs.
Louisiana	Judicial	First sheriff's sale cannot be scheduled earlier than 60 days after the signed order issuing the writ, plus the federal 120-day wait; the first newspaper notice runs at least 30 days before the sale.	none
Maine	Both	At least 35 days to cure before filing, then 90 days of redemption after judgment; sale notice within 90 days after redemption ends and the sale 30 to 45 days after the first notice. The statutes give no single total time.	90 days from judgment for mortgages signed on or after October 1, 1975 (one year for older ones unless the mortgage says otherwise).
Maryland	Judicial	Earliest filing is the later of 90 days after default or 45 days after the notice of intent; the article's example reaches the earliest sale about seven months after the missed payment, not a forecast.	none
Massachusetts	Both	90-day right to cure before enforcement, then notice of sale published once in each of 3 successive weeks with the first not less than 21 days before the sale; for certain higher-risk loans the modification review can take up to 150 days.	The owner may redeem by paying the debt before the sale; after a sale under a power of sale redemption ends; after a foreclosure by possession it is cut off after three years of continued possession.
Michigan	Both	Four successive weekly notices before the sale plus a 6-month redemption period; the article's illustration adds the federal 120-day wait for roughly eleven months from the first missed payment, with no statutory deadline for the lender to move.	6 months from the sale for residential property of up to 4 units when more than 66-2/3% of the original debt is due; 1 month if abandoned; 6 months for commercial or multifamily over 4 units; 1 year for agricultural property and for cases not covered above.
Minnesota	Both	Six weeks of published notice and a six-month redemption period, about eight months from first publication to the end of redemption counting only statutory minimums.	Six months after the sale in the usual case; 12 months in listed cases such as parcels over 40 acres and reverse mortgages; five weeks if a court finds the home abandoned; in a foreclosure by action, redemption runs from the court's order confirming the sale.
Mississippi	Both	Advertised three consecutive weeks before the sale, with a mailed notice at least 45 days before the auction and the federal 120-day wait; the article gives no total duration.	none
Missouri	Both	Notice of sale at least 20 days before the sale and mailed notice at least 20 days before; with the federal 120-day wait, the article's example gives a legal minimum of roughly five months.	One year from the sale, only when the property was bought in by the holder of the debt (or for the holder); the owner must give written notice at the sale or within ten days before it, and court-approved security within 20 days after the sale.
Montana	Both	Notice of sale must be mailed at least 120 days before the sale, plus the federal 120-day wait; the owner can cure at any time before the sale.	None after a trustee's sale; after a court sale on execution, the debtor or a lienholder may redeem within 1 year.
Nebraska	Both	One-month cure period after the notice of default (two months for farm property), then five weekly published notices with the last 10 to 30 days before the sale; the article's example gives roughly six months from the first missed payment as a legal minimum.	None after a trustee's sale; in a judicial foreclosure the owner may redeem until the court confirms the sale, paying the decree amount with interest and costs (plus 12 percent interest to a third-party buyer).
Nevada	Both	—	—
New Hampshire	Both	Notice to the borrower at least 45 days before the sale for a residential mortgage (25 days otherwise) and publication once a week for 3 successive weeks starting at least 20 days before the sale; the federal 120-day wait also applies.	The owner may redeem before the foreclosure is complete by paying everything secured by the mortgage plus damages and costs; the sections read give no separate right to buy the home back after a power-of-sale auction.
New Jersey	Judicial	30-day notice of intent, 35 days to answer, 45 days to cure after the final letter, and a sheriff's sale within 150 days of the writ; real cases take longer with stays, mediation or contested motions.	10 days after the sale, when the debtor can buy the property back or sell it.
New Mexico	Both	Trustee's sale at least 90 days after the notice of sale is recorded, and 30 days after judgment before any sale in a court foreclosure; with the federal 120-day wait a trustee's sale cannot happen sooner than about seven months after the first missed payment (arithmetic, not a typical timeline).	Nine months from the sale (for a court foreclosure, from the date the order confirming the special master's report is filed), or a shorter period set in the loan documents of never less than one month.
New York	Judicial	Pre-suit notice at least 90 days before suing, answer due in 20 days, settlement conference within 60 days after proof of service, and notice of sale published once a week for 4 weeks or twice a week for 3 weeks; the lender has 6 years to sue.	—
North Carolina	Both	No statute sets a total length; the article lists a 45-day pre-foreclosure notice, a 10-day notice of hearing, notice of sale at least 20 days before the sale, and a 10-day upset bid period after the sale report, plus the federal 120-day wait.	none
North Dakota	Judicial	Written notice 30 to 90 days before the suit with a 30-day right to cure, then a sheriff's sale after notice published once a week for three weeks; the statutes set no total number of days from the first missed payment to the sale.	60 days after the sale for most property; the court can shorten or eliminate it for abandoned property, and agricultural land follows a different clock of up to 365 days from filing of the suit but never ending earlier than 60 days after the sale.
Ohio	Judicial	About 6 to 18 months or longer according to the Ohio Attorney General; 28 days to answer, notice of sale published once a week for 3 weeks, and court confirmation within 30 days of the return of the writ.	Until the court confirms the sale, by depositing the judgment amount, costs and 8% a year interest on the purchase money; the article found no redemption period after confirmation.
Oklahoma	Both	Power of sale: 35 days to cure after the notice of intent, notice of sale served at least 30 days before the auction and published for 4 consecutive weeks; the article gives no overall judicial timeline and no total number of days.	Power of sale: the owner may redeem by paying all sums secured before the deed is executed and delivered, and the deed conveys title without a right of redemption; for judicial foreclosures the statutes read set no post-sale redemption period.
Oregon	Both	Notice of sale served at least 120 days before the sale; the sale may be postponed for periods totaling up to 180 days from the original date; the federal 120-day wait also applies.	none
Pennsylvania	Judicial	Act 91 notice at least 30 days before the lender demands full payment or sues, a 30 days plus 3 counseling window, and sheriff sale notice at least 30 days before the sale; the statutes set no total number of months.	none
Rhode Island	Both	The sale cannot happen sooner than about 51 days after the owner's notice is mailed (30-day mailing before the first ad plus 21 days before the sale); a mediation conference is held within 60 days of the mediation notice; the statutes read set no maximum length.	none
South Carolina	Judicial	Land is advertised for three weeks before the regular judicial sale day, the first Monday of each month, and bidding then stays open until the 30th day after the sale; the statutes set no total number of months.	none
South Dakota	Both	Newspaper notice once a week for four successive weeks and written notice at least 21 days before the sale, plus the federal 120-day wait; the article gives no total duration.	At least one year from the date of sale (the owner also has a final right to redeem within 15 days after all other redemption rights expire); a 180-day redemption mortgage is the exception.
Tennessee	Both	At least 2 newspaper ads, the first at least 20 days before the sale, plus online posting for 20 continuous days, and the federal 120-day wait; THDA says borrowers in non-judicial states like Tennessee can have as little as two months from the referral to the sale.	—
Texas	Both	At least 20 days to cure after the notice of default, then notice of sale at least 21 days before an auction on the first Tuesday of the month; with the federal 120-day wait, about five months is the legal minimum.	none
Utah	Both	At least three months after the notice of default is recorded, then notice of sale posted at least 20 days before the auction; the article's example gives roughly eight months from the first missed payment as a legal minimum.	None after a trustee's sale; sales under a court mortgage foreclosure are subject to redemption as in execution sales, but the article could not read the rule giving the length of that period.
Vermont	Both	No sale of an owner-occupied home within 7 months of service of the complaint unless shortened or agreed, then a 6-month redemption period from the decree and notice of sale published for three weeks with the first at least 21 days before the sale.	Six months from the decree for an owner-occupied home unless the court orders less; the owner may also redeem at any time before the public sale by paying the full amount due under the judgment plus costs.
Virginia	Non-judicial	Written notice to the owner at least 60 days before the sale for an owner-occupied home (14 days for other property), and a sale at least 8 days after the first ad and no more than 30 days after the last, plus the federal 120-day wait.	none
Washington	Both	Sale at least 90 days after the notice of sale is recorded (120 days if the contact letter was required); the notice of default tells the borrower the sale may be no less than 120 days after it (150 days if the contact letter was required); the trustee may postpone up to 120 days in total.	None after a trustee's sale; after a judicial foreclosure, within eight months of the sale if the mortgage says the property is not used mainly for farming and the lender waived any deficiency, otherwise one year.
West Virginia	Non-judicial	10-day right-to-cure period after the lender's notice, then notice of sale published once a week for two successive weeks; the notice statute sets no minimum number of days between the first ad and the sale for the owner, and the federal 120-day wait applies.	none
Wisconsin	Judicial	Earliest sale is 6 months after judgment for an owner-occupied 1-4 family home with a mortgage signed on or after April 27, 2016 (8 months if trying to sell, 12 months for older mortgages); the article gives no total timeline because the statute does not fix how long the lawsuit takes before judgment.	The owner may redeem at any time before the sale; after the sale is confirmed the deed bars the equity of redemption and the statutes read give no separate redemption period.
Wyoming	Both	Notice mailed at least 10 days before publication, then publication for four consecutive weeks (at least about five and a half weeks before a sale); with the federal 120-day wait, roughly five months from first missed payment to sale, with redemption on top.	3 months after the sale, or 12 months for agricultural land.

“—” means the state article does not state it. Download the data: foreclosure.json (CC BY 4.0, cite Payotte with a link).

State by state, in one sentence

Alabama: Alabama lets a lender foreclose without going to court when the mortgage contains a power of sale: notice is published once a week for three successive weeks, then the home is sold at the county courthouse door. After the sale the former owner has 180 days to redeem a homestead, or one year for other property.
Alaska: Most Alaska foreclosures are non-judicial trustee's sales under a deed of trust, with the notice of default recorded at least 30 days after the default and at least 90 days before the sale, so the earliest sale is about 120 days after the default. There is no deficiency judgment after a trustee's sale.
Arizona: Most Arizona foreclosures are non-judicial trustee's sales under a deed of trust, and the earliest sale date is the 91st day after the trustee records the notice of sale. There is no redemption right after a trustee's sale, and for most owner-occupied homes of 2.5 acres or less the lender cannot sue for a deficiency.
Arkansas: Most Arkansas mortgage foreclosures can run without a court under the Statutory Foreclosure Act of 1987, and the sale cannot take place until at least 60 days after the notice of default is recorded. The Act creates no right of redemption after the sale.
California: Most California foreclosures are non-judicial trustee's sales: at least three months must pass after the notice of default, then a notice of sale at least 20 days before the auction. Counting the federal 120-day wait, the legal minimum is about seven and a half months.
Colorado: Most Colorado home loans are foreclosed through the county public trustee, with a narrow court order under Rule 120 but no full lawsuit, and the first sale date is set 110 to 125 days after the notice of election and demand is recorded. The owner can cure by paying the amount due by noon on the day before the sale.
Connecticut: Foreclosure in Connecticut is a court case: the lender sues and a judge orders either strict foreclosure or a foreclosure sale. Owners of eligible homes with a return date before July 1, 2029 can join the Ezequiel Santiago Foreclosure Mediation Program, which ends after three sessions or seven months from the return date, whichever is earlier.
Delaware: Delaware forecloses through the courts by a scire facias action, and for an owner-occupied home the lender must send a notice of intent to foreclose 45 days before filing. The owner is offered mediation 45 to 75 days after service, and the home is then sold at a sheriff's sale.
Florida: Florida forecloses only through the courts: the homeowner has 20 days to answer, and the clerk sells the home 20 to 35 days after final judgment. The owner can redeem until the certificate of sale is filed, and the legal minimum from the first missed payment is about six and a half months.
Georgia: Georgia is a non-judicial foreclosure state: the lender must give the debtor written notice at least 30 days before the sale, and the sale is held at the county courthouse on the first Tuesday of the month. The article's example puts the legal minimum at about five months after the first missed payment.
Hawaii: Hawaii allows foreclosure both by court action and by non-judicial power of sale under HRS chapter 667, according to the state's DCCA. The article does not state a typical foreclosure timeline, redemption period or deficiency rule.
Idaho: Most Idaho foreclosures are non-judicial trustee's sales under a trust deed, with the notice of sale mailed at least 120 days before the sale and a right to reinstate for 115 days after the notice of default is recorded. There is no right to redeem after a trustee's sale, and the minimum with the federal wait is roughly seven to eight months.
Illinois: Illinois foreclosures go through a court: a homeowner can reinstate within 90 days of being served, and the redemption period for a residential mortgage ends on the later of 7 months after service or 3 months after the judgment. The sale must then be confirmed by the judge.
Indiana: Foreclosure in Indiana goes through a court: for a covered owner-occupied home loan the lender must mail a pre-suit notice at least 30 days before filing, and the sheriff cannot sell for three months after the complaint is filed. The owner can redeem the home until the sale.
Iowa: Iowa foreclosures are judicial: the lender must sue in court, and for an owner-occupied one- or two-family home must first give a 30-day right to cure. After a sheriff's sale the owner by default has one year to redeem and keeps possession meanwhile, unless the lender chose a faster track.
Kansas: In Kansas a lender takes a home through a court case, and the sheriff sells it under a court order after notice published for three consecutive weeks. After the sale the owner generally has 12 months to redeem, or 3 months if the owner defaulted before one-third of the original loan was repaid.
Kentucky: Kentucky is a judicial foreclosure state: the lender sues in circuit court and the property is sold under a court order, and federal rules bar the process before a loan is 120 days behind. If the sale brings less than two-thirds of the appraised value, the owner may redeem within six months of the sale.
Louisiana: Louisiana has no private power of sale: a lender forecloses through the courts, usually by executory process, where a judge orders the sheriff to seize and sell the home without citation or trial if the mortgage is an authentic act confessing judgment. The first sheriff's sale cannot be set earlier than 60 days after the writ order.
Maine: Maine foreclosures normally go through a court case, after a lender sends a notice giving the owner at least 35 days to cure. After a judgment of foreclosure the owner has 90 days to redeem on most mortgages, and owner-occupants can request court mediation.
Maryland: In Maryland the lender must send a notice of intent to foreclose at least 45 days before filing in court and cannot file until 90 days after the default, whichever is later. An owner-occupant can request mediation and can reinstate the loan until 1 business day before the sale.
Massachusetts: Massachusetts allows non-judicial foreclosure: the lender sells the home at auction under a power of sale in the mortgage, after a 90-day right to cure for a primary residence of four units or fewer, available once in any 5-year period. Notice of sale is published in 3 successive weeks, the first at least 21 days before the sale.
Michigan: Most Michigan foreclosures happen out of court, by advertisement: notice is published for 4 successive weeks and the home is sold at a public sheriff's sale. For most homes with 1 to 4 units the borrower then has a 6-month redemption period.
Minnesota: Most Minnesota foreclosures are non-judicial, using the power of sale in the mortgage under chapter 580 with six weeks of published notice and a sheriff's sale. After the sale the homeowner usually has a six-month redemption period, and no deficiency judgment is allowed in that case.
Mississippi: Mississippi courts describe two routes, a court case and a non-judicial sale under a deed of trust. In a trustee sale notice is published and posted for three consecutive weeks, and state mortgage law also requires the lender to mail the borrower a notice at least 45 days before the auction.
Missouri: Missouri lenders usually foreclose out of court under a deed of trust's power of sale, with at least 20 days' notice of the sale and a trustee's mailed notice at least 20 days ahead. A one-year redemption right exists only in certain cases.
Montana: Montana home loans are often secured by a trust indenture, which lets a trustee sell the home at auction without a lawsuit after a notice of sale recorded and mailed at least 120 days before the sale. After a trustee's sale there is no right of redemption and no deficiency judgment.
Nebraska: Most Nebraska home loans are deeds of trust, which let the trustee sell the home at auction without going to court after a notice of default, at least one month of waiting, and a notice of sale published once a week for five weeks. The buyer takes the home without right of redemption, and the lender has three months to sue for a deficiency.
Nevada: A Nevada deed-of-trust foreclosure under NRS chapter 107 starts with a Notice of Default and Election to Sell, and an owner-occupant then has 30 days to petition the district court for foreclosure mediation. The article could not read the Nevada statutes, so it states no notice periods, redemption right or deficiency rule.
New Hampshire: A New Hampshire lender with a power of sale in the mortgage can foreclose by auction without going to court first. For a residential mortgage the borrower must be served or mailed notice at least 45 days before the sale, and the notice is published once a week for 3 weeks, starting at least 20 days before the sale.
New Jersey: New Jersey foreclosures are judicial and go through the Superior Court. The Judiciary lists a 30-day notice of intent, 35 days to answer, 45 days to cure after the lender's final letter, a sheriff's sale within 150 days of the writ of execution, and 10 days to redeem after the sale.
New Mexico: New Mexico has two paths: a lender can sue in district court, or use the Deed of Trust Act to sell the home at a trustee's sale held at least 90 days after the notice of sale is recorded. After either kind of sale the former owner can redeem within nine months, unless the loan documents set a shorter period of at least one month.
New York: New York foreclosures are judicial: for a home loan the lender must first send a notice at least 90 days before suing, and the court holds a settlement conference within 60 days after proof of service is filed. A deficiency motion must be made within 90 days after the deed is delivered.
North Carolina: Most North Carolina foreclosures use a power of sale in the deed of trust, overseen by the clerk of superior court rather than a judge, and for an owner-occupied home loan the servicer must mail a notice at least 45 days before filing the notice of hearing. After the sale anyone can raise the price in a 10-day upset bid period.
North Dakota: North Dakota foreclosures are judicial: the lender must sue in district court after giving written notice 30 to 90 days before the suit, and the owner has 30 days to cure. After the sheriff's sale most homeowners have 60 days to redeem, and a homestead of up to 40 acres carries no deficiency judgment.
Ohio: Ohio foreclosures go through a court: a homeowner served with a foreclosure case has 28 days to file an answer, and the Ohio Attorney General says the process can take anywhere from six to 18 months or longer. The owner can redeem the property until the court confirms the sale.
Oklahoma: Oklahoma allows both court foreclosure and, when the mortgage grants it, power-of-sale foreclosure without a court case. Before a power-of-sale sale the lender must give 35 days to cure the default and serve a notice of sale at least 30 days before the auction.
Oregon: Oregon lenders can foreclose a trust deed without going to court, by advertisement and sale, and must serve a notice of sale at least 120 days before the auction. The owner can cure the default up to five days before the sale, and after the sale the home cannot be redeemed.
Pennsylvania: Pennsylvania foreclosure is judicial: the lender files a civil action in court, after sending an Act 91 notice giving the homeowner 30 days plus 3 for mailing to meet a consumer credit counselor, and the borrower must be at least 60 days behind. The property is then sold at a sheriff sale.
Rhode Island: A Rhode Island mortgage that includes the statutory power of sale lets the lender sell the home at a public auction without a court case. For owner-occupied homes of one to four units the lender must first send a mediation notice, and the homeowner gets a free mediation conference within 60 days of that notice.
South Carolina: South Carolina foreclosures go through the courts: a power of sale is not valid unless a court first establishes the debt or the borrower consents in writing after the loan matures. After a foreclosure sale, bidding stays open for 30 days.
South Dakota: South Dakota lets a lender foreclose in court or by advertisement, without a lawsuit, when the mortgage has a power of sale. Advertisement requires newspaper notice once a week for four weeks and written notice to the owner at least 21 days before the sale, and the owner then has at least one year to redeem.
Tennessee: Most Tennessee foreclosures happen by advertisement, without a court case, according to the Tennessee Housing Development Agency. Under Public Chapter 515, effective July 1, 2025, the sale must be advertised in a newspaper at least 2 times, starting 20 days before the sale, plus online for 20 days.
Texas: Most Texas foreclosures happen out of court under the deed of trust's power of sale: the borrower gets at least 20 days to cure, then a notice of sale at least 21 days before an auction held on the first Tuesday of the month. With the federal 120-day wait, the minimum is about five months.
Utah: Most Utah home loans are secured by a trust deed, and the trustee can sell the home at auction without going to court, but at least three months must pass after the notice of default is recorded. A trustee's sale carries no right of redemption.
Vermont: Vermont foreclosures of owner-occupied homes go through the courts: the court sets a redemption period of six months from the decree unless it orders less, and no sale of an owner-occupied dwelling may take place within seven months of service of the complaint unless the court shortens the period or the parties agree.
Virginia: Virginia foreclosures are non-judicial: a trustee named in the deed of trust sells the home at auction without a lawsuit, after the owner of an owner-occupied home is mailed written notice at least 60 days before the sale. The sale must follow a newspaper ad, no sooner than 8 days after the first ad and no later than 30 days after the last.
Washington: A Washington home loan secured by a deed of trust can be foreclosed without a court, by a trustee, and the trustee's sale must be set at least 90 days after the notice of sale is recorded, or 120 days when the pre-notice contact letter was required. After the sale no one can redeem the property.
West Virginia: West Virginia foreclosures run through a deed of trust: a trustee sells the home at public auction without a lawsuit, after notice published for two successive weeks in a county newspaper and mailed to the owner by certified mail. A lender must first give a 10-day notice of the right to cure a default.
Wisconsin: Wisconsin mortgage foreclosure is judicial: the lender sues and the court enters a judgment of foreclosure and sale. For an owner-occupied home of one to four units with a mortgage signed on or after April 27, 2016, the sale cannot happen until 6 months after judgment, or 8 months if the owner is trying to sell.
Wyoming: Most Wyoming mortgages contain a power of sale, so lenders can foreclose by advertisement without a lawsuit: the lender mails notice at least 10 days before publishing it for four consecutive weeks, then a sheriff's sale follows. The owner can redeem within three months of the sale, or 12 months for agricultural land.

Questions

Which states are judicial foreclosure states?

17 states: Connecticut, Delaware, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, New Jersey, New York, North Dakota, Ohio, Pennsylvania, South Carolina and Wisconsin.

Which states are non-judicial foreclosure states?

4 states: Colorado, Georgia, Virginia and West Virginia.

Which states allow both judicial and non-judicial foreclosure?

29 states: Alabama, Alaska, Arizona, Arkansas, California, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Washington and Wyoming.

Other state-by-state tables

Sources

All tables · All states