{ "title": "Foreclosure by state", "page": "https://payotte.com/usa/by-state/foreclosure", "compiled": "2026-10-14", "license": "CC BY 4.0 — cite Payotte (https://payotte.com) with a link to the page", "states": { "alabama": { "name": "Alabama", "code": "AL", "article": "https://payotte.com/usa/alabama/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial power-of-sale sale at the county courthouse door when the mortgage contains a power of sale; a mortgage without one may be foreclosed in court or by a sale after notice.", "timeline_text": "Notice of sale is published once a week for three successive weeks before the sale; the article gives no total duration.", "redemption_period": "180 days from the sale for a residence on which a homestead exemption was claimed, one year for other property.", "deficiency_judgment": "The foreclosure sections read neither bar nor cap a claim for the unpaid balance; whether the lender can pursue the borrower personally depends on the loan documents and a court.", "mediation": null, "note": "No total timeline, mediation program or state foreclosure-prevention program is given in the article.", "sources": [ { "title": "Code of Alabama §§ 35-10-1 to 35-10-16, Mortgages and foreclosure by power of sale (Alabama Legislature)", "url": "https://alison.legislature.state.al.us/code-of-alabama" }, { "title": "Code of Alabama §§ 6-5-247 to 6-5-256, Redemption after foreclosure sale (Alabama Legislature)", "url": "https://alison.legislature.state.al.us/code-of-alabama" } ] }, "alaska": { "name": "Alaska", "code": "AK", "article": "https://payotte.com/usa/alaska/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a deed of trust with a power of sale is the usual case; a lender holding a mortgage or lien may instead sue to foreclose in court.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "No deficiency after a trustee's sale of a deed of trust (AS 34.20.100); a deficiency may be enforced after a court foreclosure of a mortgage (AS 09.45.180).", "mediation": null, "note": "The article lists no mediation program. AHFC Homeowner Assistance closed to applications on April 4, 2022.", "sources": [ { "title": "AS 34.20.070-34.20.135, Deeds of trust: sale by trustee, auction, redemption, deficiency (Alaska Legislature)", "url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.20.070&secEnd=34.20.135" }, { "title": "AS 09.45.170-09.45.220, Foreclosure of liens by court action (Alaska Legislature)", "url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.45.170&secEnd=09.45.220" }, { "title": "AS 09.35.210-09.35.260, Redemption after execution sale (Alaska Legislature)", "url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.35.200&secEnd=09.35.260" } ] }, "arizona": { "name": "Arizona", "code": "AZ", "article": "https://payotte.com/usa/arizona/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a deed of trust is the common path; the lender may instead foreclose in court as for a mortgage.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "After a trustee's sale an action must be brought within 90 days; it is barred when the property is 2.5 acres or less and used only for one single-family or two-family dwelling, with exceptions for certain deeds of trust made after December 31, 2014.", "mediation": null, "note": "No mediation program is given in the article.", "sources": [ { "title": "A.R.S. § 33-807, Sale of trust property; power of trustee (Arizona Legislature)", "url": "https://www.azleg.gov/ars/33/00807.htm" }, { "title": "A.R.S. § 33-814, Action to recover balance after sale (Arizona Legislature)", "url": "https://www.azleg.gov/ars/33/00814.htm" }, { "title": "A.R.S. § 12-1282, Time for redemption (Arizona Legislature)", "url": "https://www.azleg.gov/ars/12/01282.htm" } ] }, "arkansas": { "name": "Arkansas", "code": "AR", "article": "https://payotte.com/usa/arkansas/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial foreclosure under the Statutory Foreclosure Act, which applies only if the mortgagee is a mortgage company, bank or savings and loan and not to primarily agricultural property; a lender may also sue in court.", "timeline_text": "No sale until at least 60 days after the notice of default and intention to sell is recorded.", "redemption_period": "none", "deficiency_judgment": null, "mediation": null, "note": "The article could not open the current Code and relies on Act 885 of 2011 and Act 1108 of 2021, so later amendments may differ. It does not address deficiency judgments. A claim of failure to comply with the chapter must be asserted within 30 days of the sale.", "sources": [ { "title": "Act 885 of 2011, amending Ark. Code §§ 18-50-101, -103, -104 and -107 (Arkansas General Assembly)", "url": "https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2011%2FPublic%2FACT885.pdf" }, { "title": "Act 1108 of 2021, amending Ark. Code § 18-50-116 (Arkansas General Assembly)", "url": "https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2FACT1108.pdf" } ] }, "california": { "name": "California", "code": "CA", "article": "https://payotte.com/usa/california/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a deed of trust is the usual case; a lender may sue under Code of Civil Procedure 726.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "None after a trustee's sale (CCP 580d) and none on a purchase loan for an owner-occupied dwelling of up to four units (CCP 580b); in other judicial foreclosures the lender must apply within three months and the judgment is capped at the debt minus the home's fair value.", "mediation": null, "note": "The article gives no mediation program; it describes Homeowner Bill of Rights protections instead. The 4-6 month figure from the Courts guide sits next to a computed legal minimum of about seven and a half months.", "sources": [ { "title": "California Civil Code § 2924 (notice of default, three-month wait) (California Legislative Information)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2924" }, { "title": "California Code of Civil Procedure §§ 580b, 580d (anti-deficiency rules) (California Legislative Information)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=580d" }, { "title": "Foreclosures and Your rights in a nonjudicial foreclosure (California Courts Self-Help Guide)", "url": "https://selfhelp.courts.ca.gov/foreclosures" } ] }, "colorado": { "name": "Colorado", "code": "CO", "article": "https://payotte.com/usa/colorado/foreclosure", "answer": "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.", "process": "non-judicial", "main_process": "Public trustee foreclosure of a deed of trust: non-judicial, with one court step, an order authorizing the sale under Rule 120 of the Colorado Rules of Civil Procedure.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The statute assumes a deficiency is possible: the lender must bid at least its good-faith estimate of fair market value less senior liens and holding costs, and a lower bid can be raised as a defense; no deficiency when the lender forecloses only on missed installments without acceleration.", "mediation": null, "note": "Article says owner redemption is absent only 'in the sections I read'. No mediation program is given; the Colorado Foreclosure Hotline and loss-mitigation continuance are described instead. H.B. 26-1098 changes overbid holding to two years, effective July 1, 2026.", "sources": [ { "title": "Colorado Revised Statutes 2024, Title 38, Article 38 (public trustee foreclosures), §§ 38-38-101 to 38-38-111, 38-38-302, 38-38-501 (Colorado General Assembly)", "url": "https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.pdf" }, { "title": "Frequently Asked Questions about Foreclosures (Colorado Judicial Branch)", "url": "https://www.coloradojudicial.gov/frequently-asked-questions-about-foreclosures" }, { "title": "H.B. 26-1098, Public Trustee Act foreclosure procedures, final act (Colorado General Assembly)", "url": "https://leg.colorado.gov/bill_files/114912/download" } ] }, "connecticut": { "name": "Connecticut", "code": "CT", "article": "https://payotte.com/usa/connecticut/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender sues and the court enters a judgment of strict foreclosure or orders a sale; foreclosure by market sale is also possible with the owner's consent.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The lender must file a motion for a deficiency judgment within 30 days after the time limited for redemption expires; the court holds an evidentiary hearing, sets a value for the property and enters judgment for the difference, if any.", "mediation": "Ezequiel Santiago Foreclosure Mediation Program for one- to four-family primary residences with a return date before July 1, 2029; owner files appearance and certificate within 15 days of the return date; mediation ends after three sessions or 7 months from the return date.", "note": "The statutes set no total length for a case and no redemption period after a ratified sale.", "sources": [ { "title": "Conn. Gen. Stat. ch. 846, Mortgages, §§ 49-14 to 49-31s (Connecticut General Assembly)", "url": "https://www.cga.ct.gov/current/pub/chap_846.htm" }, { "title": "Foreclosure Mediation Program (Connecticut Judicial Branch)", "url": "https://www.jud.ct.gov/foreclosure/" }, { "title": "Conn. Gen. Stat. ch. 134, § 8-265ee, Notice to homeowner of foreclosure (Connecticut General Assembly)", "url": "https://www.cga.ct.gov/current/pub/chap_134.htm" } ] }, "delaware": { "name": "Delaware", "code": "DE", "article": "https://payotte.com/usa/delaware/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: a scire facias action in Superior Court, followed by judgment, a writ to sell and a sheriff's sale.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": null, "mediation": "Delaware Automatic Residential Mortgage Foreclosure Mediation Program, run through the Attorney General and free for 1-4 unit primary residences; conference 45 to 75 days after the mediation notice is served; hotline (800) 220-5424.", "note": "The article states it could not source a Delaware rule on deficiency judgments. Surplus after the sale goes to the owner of the premises.", "sources": [ { "title": "Delaware Code Title 10, Chapter 49, Subchapter XI, Scire Facias on Mortgage, §§ 5061-5067 (Delaware General Assembly)", "url": "https://delcode.delaware.gov/title10/c049/sc11/index.html" }, { "title": "Delaware Automatic Residential Mortgage Foreclosure Mediation Program (Delaware Department of Justice)", "url": "https://attorneygeneral.delaware.gov/fraud/cpu/automediation/" }, { "title": "Delaware Code Title 10, Chapter 49, Subchapter V, §§ 4971-4987, sale of real estate under execution (Delaware General Assembly)", "url": "https://delcode.delaware.gov/title10/c049/sc05/index.html" } ] }, "florida": { "name": "Florida", "code": "FL", "article": "https://payotte.com/usa/florida/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial only: every mortgage is foreclosed in equity by a lawsuit, with a clerk's auction after judgment.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The court has discretion to award a deficiency; for an owner-occupied home it cannot exceed the judgment minus fair market value on the sale date, and a claim on a one- to four-family home must be brought within 1 year.", "mediation": null, "note": "The article describes the fastest legal track as a floor, not a forecast, and gives no mediation program.", "sources": [ { "title": "Florida Statutes, Chapter 702, Foreclosure of mortgages and statutory liens (Florida Legislature)", "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0702/0702.html" }, { "title": "Florida Statutes § 45.031, Judicial sales procedure (Florida Legislature)", "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0045/Sections/0045.031.html" }, { "title": "Florida Statutes § 45.0315, Right of redemption (Florida Legislature)", "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0045/Sections/0045.0315.html" } ] }, "georgia": { "name": "Georgia", "code": "GA", "article": "https://payotte.com/usa/georgia/foreclosure", "answer": "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.", "process": "non-judicial", "main_process": "Non-judicial sale under a security deed's power of sale, at the county courthouse on the first Tuesday of the month.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "The lender cannot sue for a deficiency unless it reports the sale to the superior court within 30 days and obtains an order of confirmation; the court requires evidence of true market value and will not confirm unless the property brought that value.", "mediation": null, "note": "The article found no post-sale right of redemption in the sections it read, rather than stating the absence outright. No mediation program is given.", "sources": [ { "title": "Mortgage and Foreclosure Information (Georgia Office of the Attorney General)", "url": "https://law.ga.gov/mortgage-and-foreclosure-information" }, { "title": "O.C.G.A. §§ 44-14-160, 44-14-161, 44-14-162, 44-14-162.1 to 44-14-162.4 and 44-14-190 (Official Code of Georgia Annotated; text read through FindLaw, current as of March 2024)", "url": "https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-14-162-2/" }, { "title": "O.C.G.A. §§ 9-13-140 and 9-13-161, sheriff's sale advertising and sale day (Official Code of Georgia Annotated; text read through FindLaw)", "url": "https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-13-161/" } ] }, "hawaii": { "name": "Hawaii", "code": "HI", "article": "https://payotte.com/usa/hawaii/foreclosure", "answer": "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.", "process": "both", "main_process": "Chapter 667 provides foreclosure by action (judicial), power of sale (non-judicial) and an association alternate power of sale; the article does not say which is most common.", "timeline_text": null, "redemption_period": null, "deficiency_judgment": null, "mediation": "DCCA Mortgage Foreclosure Dispute Resolution (MFDR) program for owner-occupants in non-judicial foreclosure: session held 40 to 70 days after DCCA's notice, $300 fee per side; the FAQ dates from 2011 and showed an original end date of September 30, 2014, so applicability today must be confirmed with DCCA. A Third Circuit (Big Island) mediation pilot is also reported by the Judiciary.", "note": "The article did not read the current text of chapter 667 and states it did not source Hawaii's redemption or deficiency rules. Only the MFDR session timing (40 to 70 days) is given for timing, and it is not a foreclosure duration.", "sources": [ { "title": "Notice of Public Sale Information, Foreclosure Information Center (Hawaii DCCA)", "url": "https://cca.hawaii.gov/hfic/notice/" }, { "title": "Mortgage Foreclosure Dispute Resolution (MFDR) Program and FAQs (Hawaii DCCA)", "url": "https://cca.hawaii.gov/hfic/mfdr/" }, { "title": "Mortgage Foreclosures (Hawaii State Judiciary)", "url": "https://www.courts.state.hi.us/self-help/foreclosure/foreclosure_conversion" } ] }, "idaho": { "name": "Idaho", "code": "ID", "article": "https://payotte.com/usa/idaho/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale by advertisement under a trust deed is the usual case; a lender may instead foreclose in court, and a traditional mortgage must be foreclosed through a court action.", "timeline_text": "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).", "redemption_period": "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.", "deficiency_judgment": "After a trustee's sale the lender has three months to sue for the balance; the judgment cannot exceed the debt minus fair market value at the sale date, nor the debt minus the sale price. After judicial foreclosure it cannot exceed the debt plus costs minus the home's reasonable value set by the court.", "mediation": null, "note": "The article gives a loan modification notice (30 days for the owner to return, 45 days for the lender to answer) but no mediation program.", "sources": [ { "title": "Idaho Code Title 45, Chapter 15, Trust Deeds, §§ 45-1502 to 45-1515 (Idaho Legislature)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH15/" }, { "title": "Idaho Code Title 6, Chapter 1, Foreclosure of Mortgages, §§ 6-101, 6-108 (Idaho Legislature)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH1/" }, { "title": "Idaho Code Title 11, Chapter 4, Redemptions, §§ 11-401, 11-402 (Idaho Legislature)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title11/T11CH4/" } ] }, "illinois": { "name": "Illinois", "code": "IL", "article": "https://payotte.com/usa/illinois/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender must sue, and nothing is sold until a judgment of foreclosure is entered and the redemption period has run, followed by a judicial sale and court confirmation.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "Foreclosure does not end the lender's right to seek a personal judgment for a deficiency (735 ILCS 5/15-1511), and the confirmation order may provide for one; if the lender waives a deficiency, redemption can be shortened.", "mediation": "Cook County Circuit Court Mortgage Foreclosure Mediation Program for homeowners served with a summons in Cook County; free housing counseling and legal help through the helpline (855) 452-2637.", "note": "The article calls its figures statutory minimums, not a prediction of how long a case takes.", "sources": [ { "title": "735 ILCS 5/15-1603, Redemption (Illinois General Assembly)", "url": "https://www.ilga.gov/ftp/ILCS/Ch%200735/Act%200005/073500050K15-1603.html" }, { "title": "735 ILCS 5/15-1602, Reinstatement (Illinois General Assembly)", "url": "https://www.ilga.gov/ftp/ILCS/Ch%200735/Act%200005/073500050K15-1602.html" }, { "title": "Chancery Division Mediation, Mortgage Foreclosure Mediation Program (Circuit Court of Cook County)", "url": "https://www.cookcountycourtil.gov/division/chancery-division/chancery-division-mediation" } ] }, "indiana": { "name": "Indiana", "code": "IN", "article": "https://payotte.com/usa/indiana/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender sues in circuit, superior or probate court, the court enters judgment and orders the sale, and the sheriff sells the property.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The court gives a personal judgment against any party liable on a written agreement to pay the debt, and if the sale falls short the unpaid balance is levied on the borrower's other property; with no express agreement to pay, the lender's remedy is limited to the mortgaged property.", "mediation": "Settlement conference under IC 32-30-10.5 for covered first-lien owner-occupied home loans: the owner asks within 30 days of service and the court sets the conference 40 to 60 days after its notice.", "note": "Article states the statutes set minimums and deadlines, not an average duration.", "sources": [ { "title": "Indiana Code 32-30-10, Mortgage Foreclosure, 2026 edition (Indiana General Assembly)", "url": "https://iga.in.gov/laws/2026/ic/titles/32#32-30-10" }, { "title": "Indiana Code 32-30-10.5, Foreclosure Prevention Agreements for Residential Mortgages, 2026 edition (Indiana General Assembly)", "url": "https://iga.in.gov/laws/2026/ic/titles/32#32-30-10.5" }, { "title": "Indiana Code 32-29-7, Foreclosure: Redemption, Sale, Right to Retain, 2026 edition (Indiana General Assembly)", "url": "https://iga.in.gov/laws/2026/ic/titles/32#32-29-7" } ] }, "iowa": { "name": "Iowa", "code": "IA", "article": "https://payotte.com/usa/iowa/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial foreclosure by equitable proceedings in court, ending in a sheriff's sale; non-judicial foreclosure under Chapter 655A is not available for an owner-occupied one- or two-family dwelling.", "timeline_text": "Lender must first give a 30-day right to cure; the article gives no total duration for the court case.", "redemption_period": "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.", "deficiency_judgment": "A general execution may issue against the borrower if the sale falls short, unless agreed otherwise; no deficiency judgment in a no-redemption foreclosure of an owner-occupied one- or two-family home when the lender did not waive one and the owner filed no demand to delay the sale; a foreclosure judgment on a mortgage signed on or after July 1, 2009 on such a home becomes null and void two years after entry.", "mediation": "Lender must give notice about counseling and mediation before filing for a one- or two-family residence; if not served, the court can delay the sale or sheriff's deed up to 60 days if the owner asks and wants counseling or mediation.", "note": "No named mediation program is given; Iowa Mortgage Help provides counseling.", "sources": [ { "title": "Iowa Code, Chapter 654, Foreclosure of Real Estate Mortgages (Iowa Legislature, Iowa Code 2026)", "url": "https://www.legis.iowa.gov/docs/code/654.pdf" }, { "title": "Iowa Code, Chapter 628, Redemption (Iowa Legislature, Iowa Code 2026)", "url": "https://www.legis.iowa.gov/docs/code/628.pdf" }, { "title": "Iowa Code, Chapter 655A, Nonjudicial Foreclosure of Nonagricultural Mortgages (Iowa Legislature)", "url": "https://www.legis.iowa.gov/docs/code/655A.pdf" } ] }, "kansas": { "name": "Kansas", "code": "KS", "article": "https://payotte.com/usa/kansas/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: a court case, then a sheriff's sale under a special execution or order of sale that the court must confirm; the article found no provision allowing a sale without a court order.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The statutes read do not say the balance is erased; the court can decline to confirm a substantially inadequate bid or credit the property's fair value, and whether the lender can pursue the owner personally depends on the loan documents and the court's judgment.", "mediation": null, "note": "The article found no current Kansas state foreclosure-prevention program and gives no mediation program.", "sources": [ { "title": "K.S.A. 60-2410, Sale of real property under execution (Kansas Office of Revisor of Statutes)", "url": "https://www.ksrevisor.gov/statutes/chapters/ch60/060_024_0010.html" }, { "title": "K.S.A. 60-2414, Redemption of real property (Kansas Office of Revisor of Statutes)", "url": "https://www.ksrevisor.gov/statutes/chapters/ch60/060_024_0014.html" }, { "title": "K.S.A. 60-2401, Writ of execution; special execution or order of sale (Kansas Office of Revisor of Statutes)", "url": "https://www.ksrevisor.gov/statutes/chapters/ch60/060_024_0001.html" } ] }, "kentucky": { "name": "Kentucky", "code": "KY", "article": "https://payotte.com/usa/kentucky/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender sues in circuit court and the property is sold at public auction under a court order, usually at the courthouse door.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "Allowed: KRS 426.005 permits a personal judgment against the borrower for the debt in the same action, and the servicer (or HUD for an FHA loan) could seek a deficiency judgment.", "mediation": null, "note": "The Protection Center page still says one year to redeem, but the article says the statute as amended in 2016 says six months and the statute controls. No mediation program is given.", "sources": [ { "title": "KRS 426.005, Personal judgment in action to enforce mortgage or lien (Kentucky Legislature)", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18428" }, { "title": "KRS 426.530, Right of redemption (Kentucky Legislature)", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45200" }, { "title": "About Foreclosure (Kentucky Homeownership Protection Center, Kentucky Housing Corporation)", "url": "https://www.protectmykyhome.org/Pages/About-Foreclosure.aspx" } ] }, "louisiana": { "name": "Louisiana", "code": "LA", "article": "https://payotte.com/usa/louisiana/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial, usually by executory process (seizure and sale by court order without citation or trial); ordinary process, with citation and a decision before the sale, is the other route.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "A deficiency judgment is available only if the property was appraised before the executory sale; if appraisal was waived the debt is fully satisfied and discharged as a personal obligation, and collecting a deficiency requires ordinary process or a separate suit.", "mediation": null, "note": "The article found no post-sale redemption period in the articles it read, rather than stating the absence outright. No mediation program is given.", "sources": [ { "title": "Louisiana Code of Civil Procedure arts. 2631-2644, executory proceedings (Louisiana Legislature)", "url": "https://legis.la.gov/legis/Law.aspx?d=111488" }, { "title": "Louisiana Code of Civil Procedure arts. 2771-2772, deficiency judgment (Louisiana Legislature)", "url": "https://legis.la.gov/legis/Law.aspx?d=111519" }, { "title": "Louisiana R.S. 13:3852, notices of seizure (Louisiana Legislature)", "url": "https://legis.la.gov/legis/Law.aspx?d=77603" } ] }, "maine": { "name": "Maine", "code": "ME", "article": "https://payotte.com/usa/maine/foreclosure", "answer": "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.", "process": "both", "main_process": "Judicial: a civil action in Superior or District Court is the usual route; a power-of-sale route exists only for mortgages granted by a corporation, partnership, LLC or trust trustee, so an individual's home mortgage follows the court route.", "timeline_text": "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.", "redemption_period": "90 days from judgment for mortgages signed on or after October 1, 1975 (one year for older ones unless the mortgage says otherwise).", "deficiency_judgment": "Allowed: any deficiency is assessed against the mortgagor, but if the lender buys the property the deficiency is capped using an independent appraisal of fair market value, and a lender late in filing the report of sale has no right to a deficiency judgment.", "mediation": "Foreclosure mediation program under 14 M.R.S. 6321-A for owner-occupied homes of up to 4 units that are the owner's primary residence; the lender's representative with authority to settle must attend and no final judgment enters until the mediator's report is complete.", "note": null, "sources": [ { "title": "Maine Revised Statutes, Title 14, § 6321-A, foreclosure mediation program (Maine Legislature)", "url": "https://legislature.maine.gov/statutes/14/title14sec6321-A.html" }, { "title": "Maine Revised Statutes, Title 14, § 6322, hearing and judgment (Maine Legislature)", "url": "https://legislature.maine.gov/statutes/14/title14sec6322.html" }, { "title": "Maine Revised Statutes, Title 14, § 6324, proceeds of sale (Maine Legislature)", "url": "https://legislature.maine.gov/statutes/14/title14sec6324.html" } ] }, "maryland": { "name": "Maryland", "code": "MD", "article": "https://payotte.com/usa/maryland/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender files an order to docket or complaint in circuit court; a mortgage or deed of trust can authorize a sale on default, but the sale takes full effect only after final ratification by the court.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "On an owner-occupied home the lender may file a motion for a deficiency judgment within 3 years after the court finally ratifies the auditor's report; that motion is its sole post-ratification remedy.", "mediation": "Prefile mediation if the lender offers it (apply within 25 days of the notice, scheduled within 60 days) and postfile mediation for owner-occupied homes (request within 25 days of service with a $50 fee, held within 60 days of the request).", "note": "The article found no right of redemption after the sale in the sections it read, but allows reinstatement up to 1 business day before the sale.", "sources": [ { "title": "Maryland Code, Real Property § 7-105.1, residential foreclosure (Maryland General Assembly)", "url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=7-105.1&enactments=false" }, { "title": "Maryland Code, Real Property § 7-105, power of sale and ratification (Maryland General Assembly)", "url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=7-105&enactments=false" }, { "title": "Maryland Code, Real Property § 7-105.17, deficiency judgment (Maryland General Assembly)", "url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=7-105.17&enactments=false" } ] }, "massachusetts": { "name": "Massachusetts", "code": "MA", "article": "https://payotte.com/usa/massachusetts/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial sale under a power of sale in the mortgage, with no lawsuit; the law also allows foreclosure by entry or by court action.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The lender can sue for the balance if it mailed a written notice of intention to foreclose with a deficiency warning at least 21 days before the sale and signed an affidavit of mailing within 30 days after the sale; the action must start within two years after the sale; neither rule can be waived in advance.", "mediation": null, "note": "No mediation program is given in the article.", "sources": [ { "title": "M.G.L. c. 244, § 35A, Right to cure a default (Massachusetts Legislature)", "url": "https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section35A" }, { "title": "M.G.L. c. 244, § 14, Foreclosure under power of sale (Massachusetts Legislature)", "url": "https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14" }, { "title": "M.G.L. c. 244, §§ 17A and 17B, Deficiency actions (Massachusetts Legislature)", "url": "https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section17B" } ] }, "michigan": { "name": "Michigan", "code": "MI", "article": "https://payotte.com/usa/michigan/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial foreclosure by advertisement under a power of sale is the usual route; the circuit court can also foreclose mortgages by judicial action.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "A lender that buys the home can sue for a deficiency, but the borrower may show the property was fairly worth the debt or the bid was substantially less than its true value, which defeats the claim in whole or part (MCL 600.3280); no time limit to sue was found in the sections read.", "mediation": null, "note": "No mediation program is given. The article states MSHDA programs could not be read.", "sources": [ { "title": "MCL 600.3101 and 600.3201, Judicial and advertisement foreclosure (Michigan Legislature)", "url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-3201" }, { "title": "MCL 600.3236, 600.3238, 600.3240 and 600.3241, Redemption (Michigan Legislature)", "url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-3240" }, { "title": "MCL 600.3278 and 600.3280, Damage and deficiency (Michigan Legislature)", "url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-3280" } ] }, "minnesota": { "name": "Minnesota", "code": "MN", "article": "https://payotte.com/usa/minnesota/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial foreclosure by advertisement (chapter 580) is the one most homeowners face; foreclosure by action (chapter 581) goes through a court.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "No deficiency judgment after a foreclosure by advertisement with a six-month or five-week redemption period (582.30); judicial foreclosure under chapter 581 does not carry that bar, and the judgment may not exceed the difference between sale proceeds less costs and the amount owed.", "mediation": null, "note": "A 2026 law (Laws 2026, chapter 51) limits the owner's sale-postponement right to once per foreclosure proceeding for notices of pendency recorded on or after April 22, 2026. No mediation program is given.", "sources": [ { "title": "Minnesota Statutes chapter 580, foreclosure by advertisement (Office of the Revisor of Statutes)", "url": "https://www.revisor.mn.gov/statutes/cite/580/full" }, { "title": "Minnesota Statutes chapter 581, foreclosure by action (Office of the Revisor of Statutes)", "url": "https://www.revisor.mn.gov/statutes/cite/581/full" }, { "title": "Minnesota Statutes chapter 582, sections 582.032 and 582.30 (Office of the Revisor of Statutes)", "url": "https://www.revisor.mn.gov/statutes/cite/582/full" } ] }, "mississippi": { "name": "Mississippi", "code": "MS", "article": "https://payotte.com/usa/mississippi/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee sale under a deed of trust (section 89-1-55) is the route most readers will meet; judicial foreclosure is under section 11-5-93.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "A lender may seek money when the sale does not cover the debt; in a judicial foreclosure the creditor has one year after the sale, and a court must find a deficiency equitable given the sale price; no statute barring deficiencies after a trustee's sale was found.", "mediation": null, "note": "The article found no statute giving a post-sale redemption period, rather than stating the absence outright; the owner keeps an equity of redemption until the sale. The 45-day mailed notice rests on section 81-18-55, whose current codified text the article could not open, and the law was reenacted in 2016 with a 2020 sunset date. Sources are court opinions and a bill.", "sources": [ { "title": "Dorman v. Trustmark National Bank, No. 2017-CA-01584-COA, quoting Miss. Code § 89-1-55 (Mississippi Court of Appeals)", "url": "https://courts.ms.gov/Images/Opinions/CO137245.pdf" }, { "title": "Senate Bill 2504 (2016), reenacting Miss. Code § 81-18-55, mortgage servicing and foreclosure notice (Mississippi Legislature)", "url": "https://billstatus.ls.state.ms.us/documents/2016/html/SB/2500-2599/SB2504SG.htm" }, { "title": "Opinion No. 2015-CA-01520-COA, citing Miss. Code §§ 11-5-93, 11-5-111, 89-1-55 and 89-1-59 (Mississippi Court of Appeals)", "url": "https://courts.ms.gov/Images/Opinions/CO119940.pdf" } ] }, "missouri": { "name": "Missouri", "code": "MO", "article": "https://payotte.com/usa/missouri/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a deed of trust's power of sale is the usual route; a deed of trust may also be foreclosed by suit at the holder's option.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The lender may seek the remainder when the home sells for less than the debt; the sections read set no separate time limit or fair-market-value credit.", "mediation": null, "note": "The article does not give the one-year redemption right for third-party bidders. A 20-day right to cure applies only to covered consumer credit loans. No mediation program is given.", "sources": [ { "title": "RSMo §§ 443.290, 443.310, 443.320, 443.325 (power of sale; notice of sale) (Missouri Revisor of Statutes)", "url": "https://revisor.mo.gov/main/OneSection.aspx?section=443.310" }, { "title": "RSMo §§ 443.410 and 443.420 (trustee's sale; redemption) (Missouri Revisor of Statutes)", "url": "https://revisor.mo.gov/main/OneSection.aspx?section=443.410" }, { "title": "RSMo §§ 408.551 and 408.555 (consumer credit; right to cure) (Missouri Revisor of Statutes)", "url": "https://revisor.mo.gov/main/OneSection.aspx?section=408.555" } ] }, "montana": { "name": "Montana", "code": "MT", "article": "https://payotte.com/usa/montana/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a trust indenture (Small Tract Financing Act, up to 40 acres) by advertisement and sale; a trust indenture may instead be foreclosed by court action, and a mortgage is foreclosed by court action.", "timeline_text": "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.", "redemption_period": "None after a trustee's sale; after a court sale on execution, the debtor or a lienholder may redeem within 1 year.", "deficiency_judgment": "None after a trustee's sale (MCA 71-1-317); for court foreclosures a judgment for a balance can be docketed against those personally liable, and no deficiency is allowed on a mortgage given to a seller for the purchase price.", "mediation": null, "note": "No mediation program is given in the article.", "sources": [ { "title": "Montana Code Annotated, Title 71, Chapter 1, Part 3, Small Tract Financing, §§ 71-1-301 to 71-1-321 (Montana Legislature)", "url": "https://mca.legmt.gov/bills/mca/title_0710/chapter_0010/part_0030/sections_index.html" }, { "title": "Montana Code Annotated, Title 25, Chapter 13, Part 8, Redemption of Real Property, §§ 25-13-801, 25-13-802 (Montana Legislature)", "url": "https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0080/sections_index.html" }, { "title": "Montana Code Annotated, Title 71, Chapter 1, Part 2, Mortgages of Real Property, §§ 71-1-221 to 71-1-232 (Montana Legislature)", "url": "https://mca.legmt.gov/bills/mca/title_0710/chapter_0010/part_0020/sections_index.html" } ] }, "nebraska": { "name": "Nebraska", "code": "NE", "article": "https://payotte.com/usa/nebraska/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a deed of trust is the usual case; a mortgage is foreclosed by complaint in district court, and a beneficiary may choose judicial foreclosure of a trust deed.", "timeline_text": "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.", "redemption_period": "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).", "deficiency_judgment": "After a trustee's sale the lender has three months to sue for the balance; the court must find fair market value on the sale date and the award is limited by it. For judicial foreclosure the sections read set no separate deficiency deadline.", "mediation": null, "note": "No mediation program is given in the article.", "sources": [ { "title": "Nebraska Trust Deeds Act, Neb. Rev. Stat. §§ 76-1005 to 76-1013 (Nebraska Legislature)", "url": "https://nebraskalegislature.gov/laws/statutes.php?statute=76-1006" }, { "title": "Neb. Rev. Stat. § 76-1013, deficiency after trustee's sale (Nebraska Legislature)", "url": "https://nebraskalegislature.gov/laws/statutes.php?statute=76-1013" }, { "title": "Neb. Rev. Stat. §§ 25-1530 and 25-1531, redemption and confirmation in judicial foreclosure (Nebraska Legislature)", "url": "https://nebraskalegislature.gov/laws/statutes.php?statute=25-1530" } ] }, "nevada": { "name": "Nevada", "code": "NV", "article": "https://payotte.com/usa/nevada/foreclosure", "answer": "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.", "process": "both", "main_process": "The program materials refer to both a Notice of Default and Election to Sell (non-judicial, NRS chapter 107) and a Complaint for Judicial Foreclosure; the article found no official source saying which is more common.", "timeline_text": null, "redemption_period": null, "deficiency_judgment": null, "mediation": "Nevada Foreclosure Mediation Program (administered by Home Means Nevada, with district courts running cases) for owner-occupied primary residences: petition within 30 days of the Notice of Default with a $25 filing fee; in Clark County the lender answers within 10 days, a mediator is assigned within 10 days after, and mediation is held within 90 days of assignment.", "note": "The Nevada Legislature and Supreme Court websites were blocked, so the article does not state the minimum time between notice of default and sale, how sale notice is posted, redemption after the sale, or deficiency rules. The mediation notice is the 2018 version.", "sources": [ { "title": "Foreclosure Mediation Program (Home Means Nevada, Inc., a nonprofit established by the Nevada Department of Business and Industry)", "url": "https://www.homemnv.org/foreclosure-mediation-program/" }, { "title": "Foreclosure Mediation (Eighth Judicial District Court, Clark County)", "url": "https://www.clarkcountycourts.us/departments/adr/foreclosure-mediation/" }, { "title": "State of Nevada Foreclosure Mediation Program Notice, V3 2018-08-01 (Home Means Nevada, Inc.)", "url": "https://www.homemnv.org/wp-content/uploads/2018/08/Notice-For-NOD-v3-20180801.pdf" } ] }, "new-hampshire": { "name": "New Hampshire", "code": "NH", "article": "https://payotte.com/usa/new-hampshire/foreclosure", "answer": "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.", "process": "both", "main_process": "Mostly non-judicial: sale under the power of sale in the mortgage (RSA 479:25); court routes still exist, such as foreclosure by entry and possession for one year and a decree for sale.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": null, "mediation": null, "note": "The article says the sections read do not address deficiency judgments. A claim about the form of notice or conduct of the sale is barred after 1 year and 1 day from recording of the foreclosure deed.", "sources": [ { "title": "RSA 479:25, Sale Under the Power (New Hampshire General Court)", "url": "https://gc.nh.gov/rsa/html/XLVIII/479/479-25.htm" }, { "title": "RSA 479:18, Redemption After Condition Broken (New Hampshire General Court)", "url": "https://gc.nh.gov/rsa/html/XLVIII/479/479-18.htm" }, { "title": "RSA 479:26, Return; Effect (New Hampshire General Court)", "url": "https://gc.nh.gov/rsa/html/XLVIII/479/479-26.htm" } ] }, "new-jersey": { "name": "New Jersey", "code": "NJ", "article": "https://payotte.com/usa/new-jersey/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender files a complaint with the Office of Foreclosure in the Superior Court Clerk's Office, and the sheriff sells the property under a writ of execution.", "timeline_text": "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.", "redemption_period": "10 days after the sale, when the debtor can buy the property back or sell it.", "deficiency_judgment": "The Judiciary says the lender can sue the debtor for the remaining balance if sale proceeds are less than the amount owed; the sources read describe no limits.", "mediation": "Free foreclosure mediation run by the Judiciary; NJ HMFA says it must be requested within 60 days of service unless a court orders otherwise and the home must be the owner's residence.", "note": null, "sources": [ { "title": "Foreclosure self-help (New Jersey Judiciary)", "url": "https://www.njcourts.gov/self-help/foreclosure" }, { "title": "Foreclosure FAQs (New Jersey Judiciary)", "url": "https://www.njcourts.gov/self-help/legal-reference-materials/foreclosure-faqs" }, { "title": "Foreclosure prevention counseling (NJ Housing and Mortgage Finance Agency)", "url": "https://www.nj.gov/dca/hmfa/homeowners/foreclosure-prevention" } ] }, "new-mexico": { "name": "New Mexico", "code": "NM", "article": "https://payotte.com/usa/new-mexico/foreclosure", "answer": "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.", "process": "both", "main_process": "A mortgage must be foreclosed through the courts; a deed of trust may be sold by a trustee under the Deed of Trust Act or, at the beneficiary's option, foreclosed in court.", "timeline_text": "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).", "redemption_period": "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.", "deficiency_judgment": "After a trustee's sale the lender may sue in a separate action within six years; no deficiency may be sought on a residential deed of trust loan to a household at or below 80% of area median income; the statutes read state no separate rule for court foreclosures of mortgages.", "mediation": null, "note": "No mediation program is given in the article.", "sources": [ { "title": "NMSA 1978, Chapter 39, Article 5, §§ 39-5-1, 39-5-17, 39-5-18, 39-5-19 (NMOneSource)", "url": "https://nmonesource.com/nmos/nmsa/en/item/4373/index.do" }, { "title": "NMSA 1978, Chapter 48, Article 10, Deed of Trust Act, §§ 48-10-10 to 48-10-17 (NMOneSource)", "url": "https://nmonesource.com/nmos/nmsa/en/item/4413/index.do" } ] }, "new-york": { "name": "New York", "code": "NY", "article": "https://payotte.com/usa/new-york/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender sues and wins a court judgment, which directs a sale by a referee or sheriff at public auction.", "timeline_text": "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.", "redemption_period": null, "deficiency_judgment": "The lender can move for a deficiency judgment within 90 days after delivery of the deed; the deficiency equals the debt, interest and costs minus the higher of fair market value or the sale price; if the 90 days are missed the sale proceeds count as full payment.", "mediation": "Mandatory settlement conference under CPLR 3408 in residential cases on a home loan where the owner lives in the home, held within 60 days after proof of service is filed; both sides must attend with authority to settle and bargain in good faith.", "note": "The article does not discuss any post-sale redemption right, other than that a court may set the sale aside within one year for a defect in notice, timing or manner.", "sources": [ { "title": "Real Property Actions and Proceedings Law § 1304, Notice to borrowers (New York State Senate)", "url": "https://www.nysenate.gov/legislation/laws/RPA/1304" }, { "title": "Civil Practice Law and Rules § 3408, Mandatory settlement conference (New York State Senate)", "url": "https://www.nysenate.gov/legislation/laws/CVP/3408" }, { "title": "Real Property Actions and Proceedings Law § 1371, Deficiency judgment (New York State Senate)", "url": "https://www.nysenate.gov/legislation/laws/RPA/1371" } ] }, "north-carolina": { "name": "North Carolina", "code": "NC", "article": "https://payotte.com/usa/north-carolina/foreclosure", "answer": "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.", "process": "both", "main_process": "Power of sale in the deed of trust, with a notice of hearing and a hearing before the clerk of superior court; the statute keeps the right to foreclose by a regular lawsuit.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "The lender may seek a deficiency with limits: none on purchase-money notes to the seller or on certain primary-residence loans (rate-spread home loans and negative-amortization loans); if the lender bought the property the borrower can show it was worth the debt; a person obligated on the debt who was not served with the notice of hearing is not liable for any deficiency.", "mediation": null, "note": "North Carolina has no redemption period after the sale; instead a sale stays open for 10 days after the report for upset bids of at least 5% over the last bid and at least $750, each restarting the 10 days. The article was drafted from archive copies and may be incomplete. The clerk may continue the hearing up to 60 days for good cause.", "sources": [ { "title": "G.S. Chapter 45, Article 2A, Sales Under Power of Sale, §§ 45-21.1 to 45-21.33 (North Carolina General Assembly; read via the Internet Archive copy of May 16, 2026)", "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_45/Article_2A.html" }, { "title": "G.S. Chapter 45, §§ 45-21.34 to 45-21.38A and Article 11, §§ 45-100 to 45-104 (North Carolina General Assembly; read via the Internet Archive copy of August 19, 2026)", "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_45.pdf" } ] }, "north-dakota": { "name": "North Dakota", "code": "ND", "article": "https://payotte.com/usa/north-dakota/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: a lender must sue in district court and the court orders a sheriff's sale; foreclosure by advertisement is allowed only for mortgages held by the state or its agencies.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "No deficiency judgment on residential property of four or fewer units on up to 40 contiguous acres containing an owner-occupied homestead; other property can face a deficiency only for the difference between the amount due and the appraised value set by a licensed appraiser.", "mediation": null, "note": "No mediation program is given in the article.", "sources": [ { "title": "North Dakota Century Code Chapter 32-19, Foreclosure of Real Estate Mortgages by Action (North Dakota Legislative Assembly)", "url": "https://ndlegis.gov/cencode/t32c19.pdf" }, { "title": "North Dakota Century Code Chapter 35-22, Foreclosure of Mortgages of Real Property by Advertisement (North Dakota Legislative Assembly)", "url": "https://ndlegis.gov/cencode/t35c22.pdf" }, { "title": "North Dakota Century Code Chapter 28-23, Execution Sales (North Dakota Legislative Assembly)", "url": "https://ndlegis.gov/cencode/t28c23.pdf" } ] }, "ohio": { "name": "Ohio", "code": "OH", "article": "https://payotte.com/usa/ohio/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender sues in the county court of common pleas, the court orders a sale, and the county sheriff or another selling officer runs it, followed by court confirmation.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The lender can seek the difference; for a home or farm dwelling of not more than two families, a money judgment becomes unenforceable as to any deficiency two years after the court confirms the sale, unless the debtor waives in writing filed with the clerk within the two years.", "mediation": "Mediation is voluntary and neutral and can happen until the sale is confirmed; it does not pause the case or count as an answer, and availability varies by court (Supreme Court of Ohio).", "note": "Save the Dream Ohio funding is described as exhausted.", "sources": [ { "title": "Foreclosure FAQs (Ohio Attorney General)", "url": "https://www.ohioattorneygeneral.gov/FAQ/Foreclosure-FAQs" }, { "title": "Ohio Revised Code §§ 2329.20, 2329.211, 2329.26, 2329.31, 2329.33 and 2329.52, Execution sales (Ohio Legislature)", "url": "https://codes.ohio.gov/ohio-revised-code/chapter-2329" }, { "title": "Ohio Revised Code § 2329.08, Deficiency judgments on home mortgages (Ohio Legislature)", "url": "https://codes.ohio.gov/ohio-revised-code/section-2329.08" } ] }, "oklahoma": { "name": "Oklahoma", "code": "OK", "article": "https://payotte.com/usa/oklahoma/foreclosure", "answer": "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.", "process": "both", "main_process": "Either route depending on the mortgage: judicial foreclosure by lawsuit, or power-of-sale foreclosure under the Oklahoma Power of Sale Mortgage Foreclosure Act when the mortgage grants it; the article does not say which is more common.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "Judicial: the lender must ask within 90 days after the sale and the deficiency is the debt minus the higher of fair market value or the sale price; power of sale, non-homestead: the lender must sue within 90 days; power of sale, homestead: the borrower can block a deficiency by an election at least 10 days before the sale.", "mediation": null, "note": "A homeowner can switch a power-of-sale case to court by written election at least 10 days before the sale. No mediation program is given. Oklahoma's Homeowner Assistance Fund closed March 20, 2024.", "sources": [ { "title": "46 O.S. §§ 40-49, Oklahoma Power of Sale Mortgage Foreclosure Act (Oklahoma Legislature, Title 46)", "url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os46.rtf" }, { "title": "12 O.S. §§ 686, 759, 760, 764, 765 and 2012, judgments, execution sales and answers (Oklahoma Legislature, Title 12)", "url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.rtf" }, { "title": "42 O.S. §§ 18-20, Redemption of liens (Oklahoma Legislature, Title 42)", "url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os42.rtf" } ] }, "oregon": { "name": "Oregon", "code": "OR", "article": "https://payotte.com/usa/oregon/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial foreclosure of a trust deed by advertisement and sale is the focus of the article; at the beneficiary's option a trust deed may instead be foreclosed in court as a mortgage.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "None after a trustee's sale and none after judicial foreclosure of a residential trust deed (ORS 86.797); a judgment on a non-residential trust deed may allow execution for a shortfall.", "mediation": "Oregon Foreclosure Avoidance Program: a resolution conference with the lender and a trained facilitator, which a covered lender must request before recording a notice of default or filing suit; the owner can request one after housing counselor certification if no notice of default is recorded; program manager 855-658-6733.", "note": "After a court-supervised sale of property sold on execution, a judgment debtor has 180 days after the sale to redeem (ORS 18.964), but there is no redemption after a trustee's sale.", "sources": [ { "title": "ORS 86.705 to 86.815, Trust deeds (Oregon Legislature, ORS chapter 86)", "url": "https://www.oregonlegislature.gov/bills_laws/ors/ors086.html" }, { "title": "ORS 18.964, Time for redemption (Oregon Legislature, ORS chapter 18)", "url": "https://www.oregonlegislature.gov/bills_laws/ors/ors018.html" }, { "title": "Oregon Foreclosure Avoidance Program (Oregon Housing and Community Services)", "url": "https://www.oregon.gov/ohcs/homeownership/pages/foreclosure-avoidance.aspx" } ] }, "pennsylvania": { "name": "Pennsylvania", "code": "PA", "article": "https://payotte.com/usa/pennsylvania/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender files a foreclosure complaint, obtains a court judgment, and the property is sold at a sheriff sale.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "A creditor that buys the property for less than the debt must petition the court to fix fair market value before collecting the balance; if it does not file within six months of the sale, the debtor or another interested person may petition, and debtors not named or served are discharged from personal liability.", "mediation": "Philadelphia Court of Common Pleas Residential Mortgage Foreclosure Diversion Program for owner-occupied homes, with conciliation conferences before judgment can be entered; it is local, not statewide.", "note": "The article found no statutory redemption period after a sheriff sale in the sources read; under Act 6 the owner may cure the default up to one hour before bidding starts at the sheriff sale, no more than three times in a calendar year.", "sources": [ { "title": "Housing Finance Agency Law, Article IV-C, Homeowner's Emergency Mortgage Assistance Program, Sections 402-C to 404-C (Pennsylvania General Assembly)", "url": "https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&yr=1959&sessInd=0&smthLwInd=0&act=621" }, { "title": "Pa.R.C.P. Rules 1141 and 1147, mortgage foreclosure actions (Pennsylvania Code)", "url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1000/s1147.html" }, { "title": "42 Pa.C.S. § 8103, deficiency judgments (Pennsylvania General Assembly)", "url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chpt=81&sctn=3&subsctn=0" } ] }, "rhode-island": { "name": "Rhode Island", "code": "RI", "article": "https://payotte.com/usa/rhode-island/foreclosure", "answer": "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.", "process": "both", "main_process": "Often non-judicial: sale at auction under the statutory power of sale in the mortgage; a lender may instead file a court complaint to foreclose.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": null, "mediation": "Foreclosure mediation under R.I. Gen. Laws 34-27-9 for first-lien consumer mortgages on owner-occupied one- to four-unit primary residences: free conference within 60 days of the lender's notice, run by a HUD-approved counseling agency (RIHousing provides it); a lender that skips it risks a voidable foreclosure.", "note": "The article says the sections read set no redemption period after an auction and do not say whether a lender may sue for a shortfall. If a mortgagee takes possession, the mortgagor is barred from redeeming unless principal and interest are paid within three years of actual possession.", "sources": [ { "title": "R.I. Gen. Laws ch. 34-27, Mortgage Foreclosure and Sale, §§ 34-27-1 to 34-27-9 (Rhode Island General Assembly)", "url": "https://webserver.rilegislature.gov/Statutes/TITLE34/34-27/INDEX.htm" }, { "title": "R.I. Gen. Laws § 34-11-22, Statutory power of sale in mortgage (Rhode Island General Assembly)", "url": "https://webserver.rilegislature.gov/Statutes/TITLE34/34-11/34-11-22.htm" }, { "title": "R.I. Gen. Laws § 34-23-3, Time within which redemption allowed (Rhode Island General Assembly)", "url": "https://webserver.rilegislature.gov/Statutes/TITLE34/34-23/34-23-3.htm" } ] }, "south-carolina": { "name": "South Carolina", "code": "SC", "article": "https://payotte.com/usa/south-carolina/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial in practice: the court enters judgment and orders a sale run by the master-in-equity or a referee; a power of sale passes title only if the debt was first established by court judgment or by the borrower's written consent after maturity.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "A court may order the borrower to pay any residue of the mortgage debt remaining after a sale when personally liable; the borrower may petition for a three-appraiser appraisal within 30 days after the sale, and the appraised value replaces the high bid when the deficiency is calculated.", "mediation": null, "note": "The article found no separate right to buy back the property after the sale; instead bidding stays open for 30 days (not applicable if the lender waives a deficiency). South Carolina's old foreclosure mediation orders were rescinded by the Supreme Court on May 17, 2023.", "sources": [ { "title": "South Carolina Code of Laws, Title 29, Chapter 3: Mortgages and Other Liens on Real Estate (South Carolina Legislature)", "url": "https://www.scstatehouse.gov/code/t29c003.php" }, { "title": "South Carolina Code of Laws, Title 15, Chapter 39: Execution and Judicial Sales (South Carolina Legislature)", "url": "https://www.scstatehouse.gov/code/t15c039.php" } ] }, "south-dakota": { "name": "South Dakota", "code": "SD", "article": "https://payotte.com/usa/south-dakota/foreclosure", "answer": "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.", "process": "both", "main_process": "Either route chosen by the lender: foreclosure by advertisement under a power of sale (public auction by the sheriff) or foreclosure by court action; the owner can demand a court case once an advertisement foreclosure starts. The article does not say which is more common.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "Foreclosure by action extinguishes the debt except where the lender did not bid the full debt and must prove fair and reasonable value; foreclosure by advertisement allows a deficiency only after the lender proves the property sold for its true market value or more, and any shortfall between market value and sale price is deducted.", "mediation": null, "note": "No mediation program is given in the article.", "sources": [ { "title": "South Dakota Codified Laws ch. 21-48, Foreclosure of real property mortgage by advertisement (South Dakota Legislature)", "url": "https://sdlegislature.gov/Statutes/21-48" }, { "title": "South Dakota Codified Laws ch. 21-52, Redemption from sale on execution or foreclosure (South Dakota Legislature)", "url": "https://sdlegislature.gov/Statutes/21-52" }, { "title": "South Dakota Codified Laws ch. 21-47, Actions to foreclose real property mortgages (South Dakota Legislature)", "url": "https://sdlegislature.gov/Statutes/21-47" } ] }, "tennessee": { "name": "Tennessee", "code": "TN", "article": "https://payotte.com/usa/tennessee/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial foreclosure by newspaper advertisement (a sale run by the lender's trustee or attorney) is the most common; foreclosure by judicial action also exists.", "timeline_text": "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.", "redemption_period": null, "deficiency_judgment": null, "mediation": null, "note": "The article states that the sources it could read do not state the redemption or deficiency rules. No mediation program is given. Older descriptions of three consecutive weeks of ads are out of date.", "sources": [ { "title": "Public Chapter 515 (2025), rewriting Tenn. Code Ann. § 35-5-101 and amending §§ 35-5-103, -104, -105 (Tennessee Secretary of State)", "url": "https://publications.tnsosfiles.com/acts/114/pub/pc0515.pdf" }, { "title": "Stages of Foreclosure (Tennessee Housing Development Agency)", "url": "https://thda.org/help-for-homeowners/foreclosure-prevention/stages-of-foreclosure" } ] }, "texas": { "name": "Texas", "code": "TX", "article": "https://payotte.com/usa/texas/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial sale under a deed of trust's power of sale is the usual case; court-ordered foreclosure is required for home equity loans and covers some other liens.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "The lender may sue for the difference within two years of the sale; the borrower can ask the court to set fair market value at the sale date and the deficiency is reduced by any gap; a home equity loan must be without recourse for personal liability except for actual fraud.", "mediation": null, "note": "Chapter 51 gives no redemption right after an ordinary mortgage foreclosure; a homeowners' association foreclosure lets the owner redeem within 180 days after the association mails notice of the sale. The lender or trustee may rescind the sale within 15 days. No mediation program is given.", "sources": [ { "title": "Texas Property Code, Chapter 51 (§§ 51.002, 51.003, 51.009, 51.015, 51.016) (Texas Legislature)", "url": "https://statutes.capitol.texas.gov/Docs/PR/htm/PR.51.htm" }, { "title": "Texas Constitution, Article XVI, § 50 (Texas Legislature)", "url": "https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm" }, { "title": "Texas Property Code, Chapter 209, §§ 209.0092 and 209.011 (Texas Legislature)", "url": "https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm" } ] }, "utah": { "name": "Utah", "code": "UT", "article": "https://payotte.com/usa/utah/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a trust deed is the usual case; the lender may instead foreclose in court as for a mortgage.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "After a trustee's sale the lender may sue for the balance only within three months, and the court may not award more than the amount by which the debt with interest, costs and fees exceeds fair market value; after a court foreclosure sale, execution may issue for any balance.", "mediation": null, "note": "The length of the redemption period after a court foreclosure was not stated because the article could not open Rule 69C. No mediation program is given.", "sources": [ { "title": "Utah Code §§ 57-1-19 to 57-1-32, Trust deeds (Utah Legislature)", "url": "https://le.utah.gov/xcode/Title57/Chapter1/57-1-S24.html" }, { "title": "Utah Code § 57-1-32, Action to recover balance due (Utah Legislature)", "url": "https://le.utah.gov/xcode/Title57/Chapter1/57-1-S32.html" }, { "title": "Utah Code, Title 78B, Chapter 6, Part 9, Mortgage Foreclosure (Utah Legislature)", "url": "https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S901.html" } ] }, "vermont": { "name": "Vermont", "code": "VT", "article": "https://payotte.com/usa/vermont/foreclosure", "answer": "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.", "process": "both", "main_process": "Judicial for most homes: a lawsuit in Superior Court, by strict foreclosure or judicial sale; the nonjudicial subchapter is excluded for farmland and a dwelling house owned by a natural person.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The lender may request a deficiency judgment in the foreclosure complaint and must ask before the confirmation order; failing to request one is deemed a waiver.", "mediation": "Foreclosure mediation if the defendant submits a written request form: the Vermont Bar Association offers three mediators and the court picks one if the parties cannot agree; the mediator makes sure the lender has considered all loan modification options (Vermont Judiciary, V.R.C.P. 16.3).", "note": null, "sources": [ { "title": "12 V.S.A. chapter 172, Foreclosure of Mortgages (§§ 4931-4968) (Vermont General Assembly)", "url": "https://legislature.vermont.gov/statutes/fullchapter/12/172" }, { "title": "Civil Mediation and V.R.C.P. 16.3 (Vermont Judiciary)", "url": "https://www.vermontjudiciary.org/civil/civil-mediation" } ] }, "virginia": { "name": "Virginia", "code": "VA", "article": "https://payotte.com/usa/virginia/foreclosure", "answer": "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.", "process": "non-judicial", "main_process": "A trustee named in the deed of trust sells the property at auction without a court order; a homeowner can still go to circuit court to challenge a sale that did not follow the statute.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": null, "mediation": null, "note": "The article found no statutory right of redemption in the sections read and says they do not address deficiency claims or bar them. No mediation program is given.", "sources": [ { "title": "Code of Virginia § 55.1-320, Deed of trust; duties and rights of parties (Virginia General Assembly)", "url": "https://law.lis.virginia.gov/vacode/title55.1/chapter3/section55.1-320/" }, { "title": "Code of Virginia § 55.1-321, Notices required before sale by trustee (Virginia General Assembly)", "url": "https://law.lis.virginia.gov/vacode/title55.1/chapter3/section55.1-321/" }, { "title": "Code of Virginia §§ 55.1-322 and 55.1-323, Advertisement of sale (Virginia General Assembly)", "url": "https://law.lis.virginia.gov/vacode/title55.1/chapter3/section55.1-322/" } ] }, "washington": { "name": "Washington", "code": "WA", "article": "https://payotte.com/usa/washington/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial trustee's sale under a deed of trust (RCW 61.24) is the standard route; a deed of trust on agricultural land may be foreclosed as a mortgage through a lawsuit.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "No deficiency judgment after a trustee's sale against the borrower, grantor or guarantor, except in limited cases tied to commercial loans (RCW 61.24.100); a lender may still sue on the debt before a notice of trustee's sale is given or after a sale is discontinued.", "mediation": "Foreclosure mediation under RCW 61.24.163 for residential property of up to four units; referral by a housing counselor or attorney (not self-referral) after a notice of default and no later than 90 days before the sale date; the mediator's fee is capped at $400 for one to three hours, and a lender's bad-faith failure to mediate is a defense to the foreclosure.", "note": null, "sources": [ { "title": "RCW chapter 61.24, Deeds of Trust (Washington State Legislature)", "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=61.24" }, { "title": "RCW 6.23.020, Redemption (Washington State Legislature)", "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=6.23.020" }, { "title": "Foreclosure Fairness Act (Washington Department of Commerce)", "url": "https://www.commerce.wa.gov/homeownership/foreclosure-fairness/" } ] }, "west-virginia": { "name": "West Virginia", "code": "WV", "article": "https://payotte.com/usa/west-virginia/foreclosure", "answer": "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.", "process": "non-judicial", "main_process": "Mostly non-judicial: the trustee sells at public auction on the creditor's request after notice; the statutes read do not require the lender to sue or get a court order before the sale.", "timeline_text": "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.", "redemption_period": "none", "deficiency_judgment": "The lender can seek a deficiency judgment, and a borrower or guarantor sued for a deficiency may not argue that the sale price was below fair market value as long as the sale followed the statute (section 38-1-7(b)).", "mediation": null, "note": "The article found no post-sale redemption period in the trust-deed sale statutes read. No mediation program is given.", "sources": [ { "title": "W. Va. Code § 38-1-3, Sales under trust deeds (West Virginia Legislature)", "url": "https://code.wvlegislature.gov/38-1-3/" }, { "title": "W. Va. Code § 38-1-4, Notice of sale (West Virginia Legislature)", "url": "https://code.wvlegislature.gov/38-1-4/" }, { "title": "W. Va. Code § 38-1-7, Application of proceeds; action to recover a deficiency (West Virginia Legislature)", "url": "https://code.wvlegislature.gov/38-1-7/" } ] }, "wisconsin": { "name": "Wisconsin", "code": "WI", "article": "https://payotte.com/usa/wisconsin/foreclosure", "answer": "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.", "process": "judicial", "main_process": "Judicial: the lender sues, a lis pendens is filed, and the court enters a judgment of foreclosure and sale, followed by an auction that the court must confirm.", "timeline_text": "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.", "redemption_period": "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.", "deficiency_judgment": "The lender may ask for a deficiency judgment against every party personally liable; the court may not confirm a sale below the debt or enter a deficiency judgment until satisfied the fair value of the property was credited to the debt; a lender that elects to waive a deficiency gets a shorter wait.", "mediation": "Milwaukee County foreclosure mediation run by Metro Milwaukee Mediation Services within the Wisconsin Foreclosure Mediation Network: voluntary for both sides, request form within 20 days of receiving the summons per its September 2018 notice; mediation does not stop the lawsuit.", "note": "The mediation details come from a 2018 notice and may have changed.", "sources": [ { "title": "Wisconsin Statutes Chapter 846, Mortgage foreclosure (Wisconsin Legislature)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/846" }, { "title": "Wisconsin Statutes § 815.31, Notice of sale of realty (Wisconsin Legislature)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/815/31" }, { "title": "Foreclosure Mediation Program, Notice of Availability of Mediation, rev. 9/1/2018 (Metro Milwaukee Mediation Services / Wisconsin Foreclosure Mediation Network)", "url": "https://mediatewisconsin.org/documents/homeowner-forms/notice-of-availability/mmms-notice-of-availability.pdf" } ] }, "wyoming": { "name": "Wyoming", "code": "WY", "article": "https://payotte.com/usa/wyoming/foreclosure", "answer": "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.", "process": "both", "main_process": "Non-judicial foreclosure by advertisement under a power of sale is the usual route; a lender can also sue, and the court decree orders the sale.", "timeline_text": "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.", "redemption_period": "3 months after the sale, or 12 months for agricultural land.", "deficiency_judgment": "The statute says the mortgagor is liable for any deficiency (section 34-4-113(c)); the article found no separate deficiency procedure in the text read.", "mediation": null, "note": "The article did not review court decisions. No mediation program is given.", "sources": [ { "title": "Wyoming Statutes, Title 34, Chapter 4, Foreclosure of Mortgages and Power of Sale, §§ 34-4-102 to 34-4-113 (Wyoming Legislature, Title 34 compilation)", "url": "https://wyoleg.gov/statutes/compress/Title34.pdf" }, { "title": "Wyoming Statutes, Title 1, Chapter 18, Execution, §§ 1-18-101 to 1-18-115 (Wyoming Legislature, Title 1 compilation)", "url": "https://wyoleg.gov/statutes/compress/Title01.pdf" } ] } } }